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HomeMy WebLinkAbout1973-12-21 Special MeetingA • • >MINUTES OF AN ADJOURNEDMEETING DECEMBER 21. 1973 4:00 P. M. The Iowa City City Council met in adjourned session on the 21st':day'of December, 1973 at 4:00 P.M. in the Council' Chambers at the Civic Center. Members present: ; Czarnecki, deProsse,-FIickerson (4:05) White (4:40). y, Absent: None. 'Mayor Brandt presiding. It was 'moved by Czarnecki and seconded by deProsse to consider the amount read to be a full reading and to approve the minutes' of. the Regular'Council meeting of December 11,'1973 and Special: Council meeting of December 14, 1973 subject to correction.Motion carried. _. It was moved by Czarnecki and seconded by deProsse that the minutes of the Parks and Recreation Commission meeting of December 12„1973; be 'received and filed.' Motion carried. IW( ” It was moved by deProsse and seconded by Czarnecki to adopt. the Resolution ;Awarding "Contract for Two ,7,000'GVW Truck Chassis' with Utility Bodies for Public Works Department to Hartwig Motors, Inc., in the amount of $8,937.42, as recommended by staff. Upon roll' call Brandt, Czarnecki, deProsse, Hickerson voted 'aye', White absent. Motion' carried. It was moved by deProsse and seconded by Czarnecki to adopt the Resolution Awarding Bid for 25 Cubic Yard Refuse Packer Unit for Public Works Department to the New Method Equipment Company'oflfa Cedar Rapids, Iowa `in'the amount of $10,190.00,, as recommended by Upon staff.' U on roll call Czarnecki, Hic kerson, Brandt,'deProsse voted 'aye',, White` absent: Motion carried.' j It was moved by Czarnecki and seconded by deProsse to adopt the Resolution Rejecting ,the Award of Bid for the Packer Tandem Truck Chassi's on the basis that they are incompatible with the CC�� packer unit recommended for acceptance, as recommended by staff. Upon, roll call deProsse, Hickerson, Brandt, Czarnecki voted 'aye', White absent. Motion carried. It was moved by Czarnecki and .seconded by deProsse to adopt / Ir,' the Resolution Awarding Bid for a 24,000 GVW Truck Chassis With Flat Bed for the Public Works'Department to Cline Truck and Equip- ment Company of Iowa City in the amount of $10,658.00 as recommended by staff. Upon `roll 'call Hickerson,' Brandt; deProsse, Czarnecki voted 'aye', ,White absent. Motion carried. After City Manager Ills explained bid alternatives and recommended award to Ward Larrance at $48,279.00, it was moved by deProsse and seconded by Czarnecki to adopt the Resolution Awarding Contract for the purchase of one 1250 GPM Triple Combination Booster Fire Truck. Upon roll call Hickerson, Brandt, Czarnecki, deProsse voted 'aye',; White absent. 'Motion carried. mag` Council Minutes December 21, 1573 Mayor Brandt announced that this was tho title .set for Fubl; c Ho,a ing On Amendments to the 1973 Operating Budoetr P.Ltor discucs_or. 7 i:f9c,S,.^.,Ove V Hickerson and seconded by deProsse to ,,, r, adoJt the Resolution Psdendi ng the 1973 Iowa C tv Budget, upo, roll 1 Call Brandt, Czarnecki; dePYOSSe, Hickerson Voted...I aveIShitB'1bSi: r. *lotion ' carried. Cou::C`_Lman Czarnecki suggested discussion o= the Ralas repol't. .fter discussion concerning vacancies on Boards and CC a-' missionsit was moved by Czarnecki and seconded by'deProsse.- to reCGllest: that'. the City LSanaaer� Circulate- a..list Of. vacancies es BOZYCIS and `CGmmiSSi OAStO interesteCll uCalcitizens 'grGL'DS pCSt th:e list in the. Civic Center' and Librarv, noting the aTopoint:"entS are to be made On January 2) 197A �' � - _ . . 97:�io�lon carried Mavor Brandt appointed Laverne Shay as Master Electrician, tent vr.Dirira October 36 1977 Ed J. O'Bric-n as -Journeyman Electrlci'a- term exoirirg October ')6 1.276 on the Board o_- Eltctri..al Examiners and the.. Electrical An -peal Board.;: 't waS :roved by Czarnecki and seconded by Hickerson that the I✓:ayor's pointments be approved. Motion carried. Councilman white present, 4'x:40 p M. favor Brandt Thanked Rev. Robert Welsh for making ,.:a ar meats for the invocations,. and also the staff for their heip Od-r_n('r his tern as Mayor. / Richard Burger, ?residence of the Cnau:ber Of CG"P^ierce Councilman Hickerson faith ^a nlaoue noting eight years of loyal, � -led sery-ce asan outstanding Inavor,.-and Councilman 2_G:: 1966 to 1973: .Tangy Sieberling, co-chairman or Project Green also prescn-ee a salute to Mr. Hickerson's accomollshmerts. Gary " roeschle, Sunrise Village Trailer Court appeared 'con- oerning fi c'protection for the trailer court. :a ac'e_ lav ells 'ieportec that as recommended G:.'een, he would obtain professional services tor the !arascapl G:: the Burlington Street Project. CitV"Pttornev Jav Yonohan reported that concerning tha�l or_deposit o the Old Capitol Busine_s Develonmezt c=-) �i -:-ropo al Check, he recommended adoption of the '. following mo -mon: ".'. 1'Lh she re SerVation that this motion is r,Ot an accco-Lance 3-'c' - OldCapitol proposal'or'an indication Of the award of a Cont_ C' move_ that 'chic City Manager he dire Cted to deposit. the bili 'C. t Of 01. CaJit01 Business Center COr11Janv in an interest bearing sav-. 7..: S a—Coulat upon Ye Ceint- from Old Capitol Of a Statement thatthe c cvei o')6r recognizes', this action is not an acceptance of thc'__ rJpO:,al�i. Of the award of a COP.tra Ct. ° Tit 47a5 moved by Hi CiCe ::01 - Page 3 Council Minutes December 21, 1973 seconded by PTP 1' e that the motion as read be adontea. _`lotion carried. The c tv Attorney also explained the reed to set a nubl_c he an_" "a or, the vacation Of an easement for WashingtOn. Park V11 Jul S It. was .Moved by TQh_te and secorddid:'. by deProsse t0. _ .. set a public nearing Or. Jaruary 15, 1974. at 7.30 P.M. in r Council C'n_ambers. Motion carried. City Attornev Honohan i)resented a Resolution Authorlieinc .:ecution of QuitClaim : Deeds for sale of 'oro-oerty not needed for the realignmen-C of Linn Street with'Canito' IMplament Com:�a v, _-ani: Bovd"& Joh^'Zummelhar-• Glenn Roberts and Wilson Mace, an" recommended Council adoration. it was moved by White and. .� _seconded bV Czarnecki- to adopt the: Resolution. -Upon--roll..call Czarnecki, 'deProsse,,Hickerson, White and Brandt voted, aye' Motion carried. -',e.. City, Attornev presented a Resolution Authori zir,4 Defe'r'red COMIDensation Plan for t}'ie City ,SariagEr., it was, moved by TP:hill—e and seconded by Hickerson that the Resolution be adopted. 'Upon Cly '_01.1 0a11.' dePros Se, Hickerson, White, ,Brandt and C_arnecki vcted 'ave' Motion carried. The Ci`v Attorney also reported on meeting wit!: Mr. [':eller of he Chicano, Rock island and Pacfffc Railroad conce_nfnc z �eir� 3L'a`t'ng Cate work on the First Avenue crossing �_ and a4Vised that the date of March l 197" had been agreed upon. HE'a150 nOteC that he':n_ad''sent 'the `Council- a letter in appreciation for the cooperation of'emplovees and councilpersons during his 10 year -u! It was moved by Hickerson. and seconded'by Czarnecki that the letter from the Housing Commission concerning t:ei'r stadv of `:-e Landlord-Tenant Ordinance, and reauest.for asdetailed statemE:a outlining<their functions an8 re snonsibilities, be received c^.c iled.' Motion carried.. !r it was moved by Hickerson and 'seconded ,bv Czarnecki that tin aiect_n be adjourned. Motion carried. `f �✓ .LG�r."�z/t.��/���/�r�� Iles' I • • AGENDA IOWA CITY CITY COUNCIL DECEMBER 21, 1973 4:00 P.M. Item No. 1 - MIEETING TO ORDER ROLL CALL Item No. 2 - COUNCIL, MEETING OF READING OF MINUTES OF REGULAR COUNCIL MEETING OF 'SPECIA DECEMBER 11,,'1973 AND DECEMBER 14,'1973. Action: 3 RECEIVE MINUTES OF BOARDS AND COMMISSIONS. Item No. - &Recreation Commission minutes of, December 12, a, Parks 1973 meeting. 'Action: RESOLUTION AWARDING CONTRACT FOR TWO (2) 7;000 Item No. 4 -CONSIDER GVW TRUCK CHASSIS WITH UTILITY BODIES. Comment: This resolution approves the award of bid to Hartwig the amount of Motors,' Inc, of Iowa City,IIowa,,in on'the truck chassis are $.42. The bids received 8,93� as follows: Hartwig Motors, Inc. $8,937.42 Iowa City, Iowa Winebrenner-Dreusicke, Inc. 81975.56 Iowa City, Iowa Cline Truck & Equipment Co. 9,285.00 Iowa City', Iowa The Hr_rtwig Motors, Inc. of Iowa City, Iowa,', was lowest bids on this equi000nt. • of the three bidders submitting The 1973 Budget amount for this equipment was $9, below the budgeted amount. The bid for this equipment is 1% recommend adoption of this The City Manager and staff resolution: — CONSIDER RESOLUTION REJECTING THE AWARD OF BID,FOR THE PACKER TANDEM TRUCK CHASSIS. This resolution rejects the award of bid for„the Packer Tandem Truck Chassis. The bidsreceivedon this equipment were as ',follows: Cline Truck and Equipment Co. $16,250.00 Winebrenner-Dreusicke, Inc. 16,889.09 Although Cline Truck and Equipment Company was the lowest bidder submitting'bids'on this equipment', it is recommended that the bids be rejected on the basis that they are in- compatible with the packer unit recommended for acceptance. The incompatibility, lies inaninadequate cab to axle length and it is recommended that this truck chassis be re -bid with the cab to axle length based on the packer unit accepted. The City Manager and staff recommend adoption''of this resolution. Page, 2 Work', Agenda December 21, 1973 Item No. '4 - (Continued) Action: Item No. 5 - CONSIDER'RESOLUTION ON AWARD OF BID FOR A 25 CUBIC YARD REFUSE PACKER UNIT.'' Comment': This resolution approves the award, of bid to:the New in the Method Equipment Company, of Cedar Rapids, Iowa, amount'` of'$10,190.00. The bids received on this packer unit are as follows: New. Method, Equipment Co. $10,190.00 Cedar Rapids, Iowa Mutual. Wheel Company' 11,530.00 i The New.Method EquipmentlCompany was the lowest of the two bidders submitting bids on this equipment. The 1973, Budget for this equipment was $12,500.' The bid for this equipment is $2,310 'below the budgeted amount. The City Manager and staff recommend adoption of rt his resolution. Agenda — CONSIDER RESOLUTION REJECTING THE AWARD OF BID,FOR THE PACKER TANDEM TRUCK CHASSIS. This resolution rejects the award of bid for„the Packer Tandem Truck Chassis. The bidsreceivedon this equipment were as ',follows: Cline Truck and Equipment Co. $16,250.00 Winebrenner-Dreusicke, Inc. 16,889.09 Although Cline Truck and Equipment Company was the lowest bidder submitting'bids'on this equipment', it is recommended that the bids be rejected on the basis that they are in- compatible with the packer unit recommended for acceptance. The incompatibility, lies inaninadequate cab to axle length and it is recommended that this truck chassis be re -bid with the cab to axle length based on the packer unit accepted. The City Manager and staff recommend adoption''of this resolution. I 1; page .3 •Work Agenda December'21, 1973' I. Item No. 6 - (Continued) Action: Item.No. 7 - CONSIDER RESOLUTION ON.AWARD OF BID FOR A'24,000 GVW. TRUCK CHASSIS WITH FLAT BED. Comment: This resolution approves theaward of bid to the Cline Truck and Equipment Company of City, Iowa, in the Iowceived s on the `truck' amount of $10,658.00. The bidrea chassis with flat bed are as,follows: Cline Truck & Equipment CO. $10,658.00 Winebrenner-Dreusicke, Inc. 12,052.56 The CLine Truck and Equipment Company was the lowest of the two bidders submitting bids on this equipment. The 1973 Budget for this equipment was '$5,600 which was established on the basis ofla gasoline engine with manual transmission. Because of the utilization of this truck for snowplowing as well as for other heavy operations,' the specifications were established for'this vehicle as.a'diesel engine with automatic transmission, hence, the higher bid.The City Manager and staff recommend adoption of this resolution. Action: Item No. 8 - RESOLUTION AWARDING CONTRACT FOR ,THE PURCHASE OF ONE 1250 GPM TRIPLE COMBINATION' BOOSTER FIRE TRUCK'. Comment: Bids for this 'equipment were received and opened at 10:00'a.m. December 20, 1973. A summary of,the pro- posals is as follows: Pierce Manufacturing' Co. $48,972.00 American La France 48,847.69 Ward La France 50,579.00 •page4 Work Agenda December 21, 1973 Item No. 8 7 (Continued)' This equipment is budgeted at $48,000 and is scheduled for delivery late in'1974.The staff will be prepared for discussion of this item at the Council meeting. Action: Item No. 9 - PUBLIC HEARING ON AMENDMENT P S TO THE 1973 OPERATING BUDGET. 1: CONSIDER RESOLUTION TO AMEND THE 1973 IOWA CITY BUDGET: Comment: This resolution is for the purpose of amending ;the current Iowa City budget adopted on August 1 1972, by adjusting the expenditures,in the various funds in the amount of $1,270,374:00. All of the increased expendi- tures are paid from cash balances on hand the sale of bonds, or increased receipts in the current budget year. Cash balances are available from the last fiscal year as appropriated•,by the :City Council at its meeting of, January 2, 1973. -There 'will be no increase in taxes to cover these amendments,- Action:' Item No. 10 - BUSINESSI,FROM THE CITY COUNCIL. • i:. s; ;l ,I i:• page 5 • Work Agenda December 21, 1973 Item No. 11 — REPORT ON MISCELLANEOUS ITEMS FROM THE CITY MANAGER AND THE CITY ATTORNEY. Item No. 12 — PUBLIC DISCUSSION. Item No 13 ADJOURNMENT. AGENDA IOWA CITY CITY COUNCIL DECEMBER 21, 1973 4:00 P.M. /�pSDURNED ti(Gr-T(,UG Item No. l - MEETING TO ORDER (."'� 7L q: 1 0 ROLL CALL Item No. 2 -READING, OF MINUTES OF -REGULAR COUNCIL MEETING OF MEETINGOF DECEMBER 11, 1973 AND SPECIAL COUNCIL DECEMBER 14P 1973. ve Action: y Item No. 3 - RECEIVE MINUTES OF BOARDS AND COMMISSIONS. Parks & Recreation commission minutes of; December 12, a. 1973 meeting. /1 :v, /vr��,, /:�v/i/s .. Yin[' aQ //111I C��/ /& Action: G(/.,{ f „, 1 Civil Item No. 4 - CONSIDER RESOLUTION' AWARDING CONTRACT FOR TWO (2) 7;000 BODIES. P b!.< .<J,, !<, 0.1,1 GVW TRUCK, CHASSIS WITH UTILITY Comment: This resolution approves the award of bid to Hartwig' in the amount OT.— Motors• D4! of Iowa City, Iowa, The bids received on ,the truck ,chassis are 8 9 37.42J. as follows: Hartwig motors, Inc. $8,937.42 Iowa City, Iowa Winebrenner-Dreusicke, Inc. 8,975.56 Iowa City, Iowa Cline Truck & Equipment Co. 9,285.00 Iowa City, Iowa The Hartwig Motors, Inc. of Iowa City, Iowa, was lowest this equipment. of the three bidders submitting bids on for this equipment was',',$g,000. The 1973 Budget amount bid for this equipment is l%lbelow ,the budgeted amount. The The City Manager and staff recommend adopt_ion"of this resolution.' page,2 Work Agenda December 21,"1973 Item No. 4 - (Continued) Action: GJ/$ X1111 Item No. 5 - CONSIDER RESOLUTION ON AWARD OF BID IFOR 'A125 CUBIC YARD 'REFUSE PACKER UNIT., )�wbhLJ—es Dept Comment`. This resolution approves the 'award 'of bid to the New, Method Equipment Compa.ny., of Cedar ,Rapids, Iowa, in the 7 amount: of X10,'19-QJ0Q�._ The bids received on this, packer ' unit are as follows: New Method Equipment Co. $10,190.00 Cedar Rapids, ,Iowa Mutual Wheel Company 11,530.00 The New MethodEquipmentCompany was the lowest of the two bidders submitting bids on this equipment. The 1973 Budget for this equipment was $12,500. The bid for this equipment is $2,310 below the budgeted amount. The City 'Manager and staff iecomm%nd adogtion,of this resolution. Agenda: /��_ I ?_ z I v e-1 ye. 4n--4- n-kItem ItemNo. 6 - CONSIDERRESOLUTION REJECTING THE AWARD OF BID FOR THE PACKER TANDEM, TRUCK CHASSIS: Comment: This resolution rejects the award of bid for the Packer Tandem', Truck Chassis. The bids received on this equipment _ r-:/ were as follows: Cline Truck and Equipment Co.'$16,250.00 Winebrenner-Dreusicke, Inc. 16,889.09 Although Cline Truck and'Equipment Company was the lowest bidder submitting bids on this equipment,, it isrecommended that the bids be rejected on the .basis ,.that they are in- compatible, with-the:.packer-'.packer-recommended-,.tor acceptance_ The incompatibility1lies'in an inadequate cab to axle length and it is recommended that this truck chassis be re -bid with the cab to axlelengthbased on the packer, unit accepted. The City Manager and staff recommend-vp���i.ti j. adoption of this resolution.) '� . i? page 3 Work Agenda December 21, 1973. Item No.6 - (Continued) Actions Item No. 7 - CONSIDER RESOLUTION ON AWARD OF BID FOR A 24,000 GVW TRUCK CHASSIS WITH: FLAT BED.' P,b I - c. LJ:,g"_De Pt Comment: This resolution',' approves the award of bid to the Cline Truck and'Eguipment_CSLmpany of Iowa City, Iowa, in the '_'5��, -°amount of $10,x_.-Oii: The bids' received on the truck chassis `with ;flat bed are as follows:; Cline 'Truck '-& Equipment Co. $10,658.00 Winebrenner-Dreusicke, Inc. 12,052.56 The CLine Truck and Equipment Company was the lowest of the two bidders submitting bids on this equipment.i The 1973 Budget for this equipment was $5,600 which was established on the basis of a gasoline engine with manual transmission. Because of the utilization of this truck for snowplowing as well as for other ',heavy operations, the specifications were established for this: vehicle as'a-diesel _engine with automatic transmission, hence, the higher bid. The City Manager and staff recommend - adoption of this resolution. Action: n oZ ( �_� 1'G !. �l a do Item No. 8 -'RESOLUTION AWARDING CONTRACT FOR THE PURCHASE OF ONE 1250 GPM TRIPLE` COMBINATION BOOSTER FIRE TRUCK. Comment: Bids for this equipment were received and opened at 10:00 a.m. December 20, 1973. A summary of the pro- a ++ posals is as follows: Pierce Manufacturing Co. $48,972.00 American La France 48,847.69 Ward La France 50,579.00 1 �/2,27� �n �A•i ,.i1 J � I,.'N r%. lire ,r r , • A J., page 4 Work Agenda December 21, 1973 Item No. 8 - (Continued) This equipment,,is budgeted at $48,000 and is scheduled be p P ed 1974.? T for delivery late in he staff will the Council meeting. for discussion of this item Action:' ON AMENDMENTS TO THE 1973 OPERATING BUDGET. Item No.9 - PUBLIC HEARING L' CONSIDER RESOLUTION TO AMEND THE 1973 IOWA CITY BUDGE Comment: This resolution is for the purpose of amending972,`by adopted on August 1, current Iowa City budget in the various funds _in the adjusting the;, expenditures 'All of the increased amen ount of $1';270,374'.00. sale of bain tures are paid from cash thencurrent budget increased receipts fiscal bonds or the at itstmeeting year. Cash balanceslare from year as appropriated'by,the City be no increase in taxes of January 2,''1973: There will top clover these amendments.I Action: Item No. 10 -'BUSINESS FROM.THE CITY COUNCIL. I \ 1 l I I r r,., �rZ % r .`. �",!•l.G.� C M,.a.;. li7 'a Yt O.I L F+ t� V .`v��'UO..Cif :•�,G !C I .:" '�u •/� ! • r Page 5 r WorkAgenda �\ December .211 1973/� ,t{�-t' _ r..r ry.,.{ Ar rr,. %,r:rl /.,r•.y,: �: n pyciC ... L. OYv`rol. (� L•J i 1 (l C. II,G. l �I O // V V" i I f.. 1..CJ r l lvn yL�A�1 Item No. 11 - REPORT ON MISCELLANEOUS ITEMS FROM THE CITY MANAGER AND TILE CITY ATTORNEY. A I I a...1e '. � v? �.�• ��LJILLGct. ���r�e.t � ,..... .r _� r Crea.. . J / r bill, /.YI I J��iZt P• -re.. ; V[..1/`l. �(/.Q l.:J...Cc_... /-'/._-• i7�r�ca,. °, .La.n� ';%,rte, ..G•1�i�P^P-P .a., C.t'r_.r., .,,r 1 `,%./r��._ .C'.. ....-r_�.. Item No. 12--PtiBbIC—=DIS6i�S$i6ii. �/ c n - , .:q g�l r c., t , ''� t •. t_• a ..tit _ ,. r .,, f . �...x ,I —J.a.e. [_',�c.� f. c,..a CS r. 1��� e.nL.l•r'�r?yt+. /j //�� • Rt[l•n.f� �.lr\4n n•r^ Qi.ii,n L. .A� '/i rrJ.i .ri�.Or 4dr�'iv �,` G`, rc 1.... J A to Cs r "7"n r+. , ., R' I f 1 , r �..,�•1 rl ,� �.n , : .L.u,^L,.,:.E } et-, Item No. 1-3^-=ADdAF T ..� i r J / f ', , r , .'�:i tar � . .• / r � r'',Y � " � i I ` J With the reservation that this motion is not, an acceptance of the (/ C h C - ca r �L -- - r IP .. ..._—.--.--- -- n C1i 21 A / A r 4 - ' iv- �171 / } 1� 12/21/73 the Boles Committee report. L0:' Councilman Czarnecki suggested discussion of d Committions, it was moved After discussion concerning vacancies on Boards an by':cza ne vacancies ed by sse to interested st that the llocalncitizenscgroups, a listnoting the appointments are to be 7 g pose• the list in the Civic Center and Library, O`+,2U 1c,1 ,d7 VA zCPN „11. `h1 made on January 22, 1974. Motion carried. �y �sQ li Mayor Brandt appointed Lave ne Shay�as Mast__er_.ELeCian, Ed Jr O'Brien It wa3Tnoved by Czarnecki as JourneymanlElectricianton the Electrical Examiners�Board and the Electrical Appeal Board,roved. Motion and seconded by Hickerson that the Mayor's appointments be app carried. Councilman White present, 4:40. P. P1. Mayor Brandt thanked Rev. Robert Wtish for making the arrangements for the laixiixxexx invocations,and also the Staff _ for their help during his Cerm as Mayor. er, of theChamber of I8Y Richard Burg Commededicatednservice rce preseted naslman President 'Hickerson with a;plagee noting eight years of loyal, an outstanding Mayor,and Councilman from 1966,to 1973.' ted a salute Nancy Sieberling,"co-chairman of Project Green also presen to eaan Mr. Hickerson's accomplishments,. Gary Forschie, Sunrise Village Trailer Co utt appeared concerning fire protection ai the trailer court. tk nsai pjl� ec ee�ai omnd �o }n p Bu . L on ✓ ie City Manager Ray Wells reported that as recommended onbtherBurlingtooject n Street would obtain profe,sional services for the Landscaping Project. tha the dopmtft request for City Attorney Jay HonokaOld Capitol Businessported teDeveiopmentt Co.bid proposal the deposit of the id:,e#es xexxedxk axka and recommended check, �lxixixxiegx9ekctexxxoitidxhxYexxxiekxexxxxxxaq " adoption of the following motion:'roposallorranervation at indicationofthe award ofspnot an acceptance of tile 'old Capitol proposal contract, I move that the City Manager b� dire nterest bearing savings acco ctd to deposit the bid ntk of Old Cppit:ol Business Center Company. upon receipt from Old Capitol of a'statementce of trithat the developer recognizes a cont this action is not an acceptan byrWhiteothat thepropsal ortmotiodasjread beLact." It was Y adopted. Motion carried die nd to set pu lic The City Attorney nentalso explained ington Park VII Addn.a ltbwas movednbyowhilte vacation an a public hearing on January 15, 1974 at. and seconded d by g 'deProsse to set a p 7:30 P.M. in the Council Chambers. Motion carried. Execution City 'Attorney lionohan presented a Resolution Authorizing of twit Claim Deeds for sale of property not needed &for l th realignment of Linn St, with Capitol Implement Co.; Frank Boyd Glenn Roberts;and Wilson Mace, and recommended Council x{�pxxixx4 adoption.' It was moved by White and seconded by Czarnecki to adopt the Resolution. Upon roll call Czarnecki, deProsse, Hickerson, White and Brandt voted 'aye'.Motion carried. The !,City Attorney presented a Resolution Authorizing Deferred Compensation' Plan;Eor,the City Manager. - It was moved by White and seconded, by Hickerson that the Resolution be adop,ted. MMXYXKXB%XXSMH Upon roll ca LL deProsse, Hickerson, White, Brandt and Czarnecki voted aye'. Motion carried. The'City Attorney also reported on meeting with Mr. Weller of the Chicago,' Rock Island and 'Pacific Railroad concerning their starting daahte for work on the First Avenue crossing, and advised that the date of ata eEtL 1974 had been, Agreed upon. He also noted that he.had sent the Council A appreciation for f tkHXHAHAHS�hxXNAd xxSNff employees and counci6persons during a tion o -the cooper, his 10 ;year tenure. It was moved by Hickerson and seconded by 'Czarnecki that the letter from the Housing Commission, concerning their ,study of the Landlord -Tenant Ordinance, and,a request for a detailed statement outlining their functions and responsibilities, be received and ',filed. Motion carried. It was moved by Hickerson and seconded by Czarnecki that the meeting be adjounned. ,Motion carried. 0 MINUTES OF A REGULAR COUNCIL MEETING DECEMBER 11, 1973 4,00 P. M. The Iowa City City, Council met in regular session on the 11th day of December, 1973 at 4:00 P.M. in the Council Chambers at the Civic Center. Members present: Brandt, Czarnecki, deProsse, Hickerson, White. Absent: none. (Mayor Brandt presiding. The invocation was given by Rev. Jack Zerwas, First Presbyterian Church. Richard Burger, President, Iowa City Chamber of Commerce, appeared prc3enting a statement in support of the Old Capitol proposal for renewal of '',downtown Iowa 'City, urging Council acceptance oflthe plan.,' It was moved by White and seconded by deProsse that the letter be received and filed. Motioncarried: Kenneth' Haldeman, representing the Clinton Street Mall Tenants , Association presented a'statement urging immediate steps be taken to encourage the development. It was moved by Hickerson and seconded by deProsse that, the letter be received and filed. Motion carried. Ernest Lehman, representing the Downtown City Center Association appeared noting the Executive Committee's previous unanimous support for the Old Capitol plan, asking that the Council not wait for unanimous agreement, and urging a decision as soon as possible. Nancy Sieberling', Co -Chairman for Project Green presented a letter commenting on various aspects of the plan and supporting the proposal. It was moved by Hickerson and seconded by deProsse that the letter be received and filed. Karen Carpenter representing Peoples Alliance, requested a delay on the decision on the pro- posal until the Environmental Impact Statement is final. Faith Knowler, representing ',the League of Women Voters presented the League consensus in support of urban renewal and urged there be no unnecessary delay in moving forward, with careful study made before commitment and 'decision on the proposal. Joe Howe appeared in support of Old Capitol proposal. Jim Housell, Route 1, appeared noting that parking is needed for those not able to ride the buses. The Mayor noted that the proposal is under study, and each Council member commented on possible further action. It was moved by Hickerson and seconded by deProsse that disbursements in the amount of $1,371,299.92 be approved subject tc audit. Motion carried. It was moved by White and seconded by Czarnecki that the minutes of the meetings of the Planning & Zoning Commission of 11/29/73 and Housing Commission of 11/21/73 be received and filed. Motion carried. • Page 2 Council Minutes December 11, 1973 It was moved by White and seconded by Hickerson to adopt the Resolution Approving Class C Beer Permit Application for the Great Atlantic & Pacific Tea Company, 901 Hollywood. Upon roll call White, Brandt, Czarnecki, deProsse, Hickerson voted 'aye'. Motion carried. It was moved by Hickerson and seconded by White to adopt the Resolution Approving Class C Liquor Control License Application for Kenneth R. O'Donnell dba/the Lamplighter, 131.0 Highland Court. Upon roll call Brandt, Czarnecki, deProsse, Hickerson, White', voted 'aye'. Motion carried. It was moved by White and seconded by Hickerson to adopt the Resolution to Refund Cigarette Permit for Aleko Hardware dba/ Maid -Rite Corner,', 630 Iowa Avenue; Upon roll call 630ecki deProsse, Hickerson, White, ;Brandt voted 'aye'. It was moved by deProsse and seconded by White to adopt atione Resolution Approving Class C Liquor Control License Applicata for Jerry Starbuck dba/Lazy: Leopard Lounge, Czarnecki Upon roll call deProsse, Hickerson, White, Brandt, voted 'aye'. notion carried. It was moved by Hickerson and seconded by deProsse that the letter from Joan McNeil, 2nd grade teacher, Lincoln Elementary, 'concerning a council member's possible visit to the class be re- ceived and filed. Motion carried. It was moved by White and seconded by deprosse that the letter from the West High Core English Class, bIoreceity,ved and filed Con- cerning wheelchair use in downtown Iowa City and referred to the City Manager for report to Council. Motion carried. It was moved by White and seconded by.Hickerson that Athe letter from George R. Stewart, Director of theMayflower requesting an evaluation of the traffic situation on North Dubuque Street be received and filed and referred, to the City Manager for re ort back to Council.Motion carried. P It was moved by Hickerson and seconded by deProsse that the I letter from Faith Knowler, League of Women Voters, concerning the League position on boards and commissions'be received and filed.'. Motion carried. It was moved by Hickerson and seconded by deProsse that the rules be suspended and he second reading -of the Ordinance Requir- ing Drivers to Motor Vehicles to Stop When Approaching a Stopped Page 3 LJ Council Minutes December 11, 1973 School Bus and Regulating the Use of Passenger Vehicles usedoas white,' School Buses be given by title only. Upon roll callBrandt, Czarnecki; deProsse voted 'aye'. Motion carried and second reading given by title only. It was moved by Hickerson and seconded by white to adopt the Resolution Awarding Contract for Contract tity Project, l o.owa Demolition3R-14to C S- and Site Clearance, City-UCity, Missouri, in the amount of $67,337.30. Ehinger Company of Kansas City, Upon roll call White, Brandt, Czarnecki, Hickerson voted 'aye', deProsse abstaining. Motion carried 4/1. do t It was moved', by Hickerson and seconded by white to a P ovements in Washington the Resolution Accepting Sanitary Sewer Impr Park, Part vII done by Boyd and Rummelhart Plumbing and Heating, Inc., of Iowa City. Upon roll call Brandt, Czarnecki, deProsse, Hickerson, White voted 'aye'. Motion carried. Deputy Director of Public Works, GeorgeBonnett, explained the h isnlocatedthe in974 theSR-14ary UrbanWRenewal Area. It wasProject moved by which white and seconded byHickerson to adopt the Resolution Setting , for January 8,1974, Public Hearing on Resolution of Necessity at 7:30 P.M. in the Council Chambers. dUpon ro labstainingcall . Iti, Hickerson, White, Brandt voted 'aye', se was moved by Hickerson and seconded by Czarnecki to adopt the Resolution the Engineer 'to Prepare Plans and Specifications. white, Brandt, Czarnecki voted 'aye', Upon roll call Hickerson, deProsse abstaining.' Motion carried. After discussion of Planting and Zoning recommendation and staff approval to change name of Mair Avenue to Kathlin Drive; it was moved by White and seconded by Hickerson that the rules be suspended and the first reading of the ordinance Changing the Upon Name of Mair Avenue to Kathlin Drive be given by title only. roll call White, Czarnecki, deProsse, Nickerson voted iven1by Brandt voted 'no'. Motion carried and first reading g title only. it was moved by Hickerson and seconded by Czarnecki that the letter from Iowa City Association of Professional Firefighters, requesting permission to hold their annual Firefighter's Benefit Ball on May 11, 1974 and to sell tickets be received and filed and they be authorized to do so. Motion carried. i Page 4 Council Minutes December 11, 1973 It was moved by Hickerson and seconded by deProsse that the letter from Attorney Philip Leff requesting vacation of a portion of Hutchinson Avenue by Mr. and Mrs. Milton, Rosenbaum be received and filed and'made part of any public he and a public hearing on the vacation be set for January 8, 1974 at 7:30 P.M. Motion carried. Councilman Czarnecki noted that in the opinion of some legislators concerning public access to records, you 'could conform to requirements of this law by having on record lists of customers available for use, but would not have to furnish print-outs. Ile also commented that the new post office would open in six months, and questioned the current status of the disposition of _old, post offices. The City -Manager advised that he was making inquiries. Councilwoman deProsse inquired when the city Manager would be answering the questions submitted by her on the urban renewal proposal. Headvisedthat he would have the report next week. City Manager Ray Wells reported the action taken by the State office of the Soil Conservation Service in approving the Ralston Creek Project and giving it top priority, work to commence next winter. After the first of the year, he stated he would be sug- gesting consultant services as per, the Capitol Improvements - Program. He also requested authorization to proceed with the application for grant from the State Crime Commission for the project titled 'Sex Crime Prevention Unit' in the Iowa City Police Department as explained at the informal session. It was moved by Hickerson and seconded by Czarnecki that the City Manager be authorized to proceed with the grant applicaiton. Motion carried. City Attorney Jay Honohan explained the request for replat in the MacBride Addition which would exchange one property for another property, and requested authorization to enter into negotiations with.the developer, subject to approval from the Council. It was moved by Hickerson and seconded by Czarnecki that the authorization be granted to enter into negotiations with the developer. Motion carried. The City Attorney noted that Attorney. Freed was present to discuss the division of the sewer assessment between Pat Moore Construction and the St. Mark's Methodist Church. Attorney Freed asked for waiver of interest and penalty; charged, on the assess- ment. Attorney Honohan indicated that the waiver should be asked of the Board of Supervisors. After discusion, no action was taken by the Council. Mayor Brandt asked if there were any objections to the rough draft of his letter to old Capitol Group. After a short discussion, it was the general consensus of the Council to have a short session after the Urban Renewal executive session. ■ 1 • Page 5 Council Minutes December 11, 1973 Due to the explanation by the Attorney that more time was needed for the publications of ,the notices, it was moved by Hickerson and seconded by deProsse that the previous action on the Hutchinson Avenue vacation, setting public hearing, be changed from January 8th to January 15th at 7:30 P.M. Motion carried. It was moved by Hickerson and seconded by deProsse to adjourn to executive session to discuss the disposition', of urban renewal property. Upon'roll,call 'Brandt, Czarnecki, deProsse, Hickerson 'and 'white voted 'aye',. Motion carried. Executive session was held and the meeting adjourned back to regular session. The Council held a discussion of further procedures and timetable for the urban renewal project, noting that the Staff would meet with Old Capitol representatives on Thursday•' It was moved by Czarnecki and seconded', by deProsse to adjourn the meeting. Motion carried: M 0 0 SPECIAL COUNCIL MEETING DECEMBER141 1973' 4,00 P. M. The Iowa City City Council met in special session on the 14th day of December, 1973 at'4:00'P.M. in the Conference Room of the Civic Center. Members present: Brandt, Czarnecki, deProsse, Hickerson, White. Absent: None. Mayor Brandt presiding. The call of the special meeting was, read by the City Clerk. The purpose of the meeting stated as discussion of the Old Capitol Development proposal. Council discussion concerned the purpose of the executive ,session and what could be discussed.' It was moved by Hickerson and seconded, by Czarnecki to adjourn to executive session. Motion carried, deProsse voting 'no' Executive session was held, and Council adjourned to regular session. The Council then discussed a meeting time for further discussion of the urban renewal proposal, and decided to meet at 6:00 o'clock P. M. on Monday, December 17th. It was moved by Hickerson and seconded by White to adjourn. Motion carried. MINUTES IOWA CITY PARKS & RECREATION DECEMBER 12, 1973, 7:30 P.M. COMMISSION MEMBERS PRESENT: Jim Roegi.ers Orrin Marx Jim Lindberg Sarah Fox VirginiaHebert June Davis Joan Buxton i MEMBERS ABSENT; Jim Sangster Robin Powell STAFF PRESENT: Gene Chubb Bob Lee The Iowa City Parks and REcreation Commission meeting was called: to order by Chairman Jim Roegiers.on December 12,' 1973. The first item of business ,was the approval of minutes of the November 14,'' 1973 meeting. The minutes were approved with; the following correction. On page 3, last paragraph,` approximately one-half way through the paragraph --it should read for greater clarification --"Some of the things the Sub -committee on Rules for the Council is interested in are--- The first item of business before the Commission was the request by the Council to report on the need for a park in Hollywood Manor Area and to discuss it with Planning and Zoning and the _school staff. It has 'been 'established if the staff recommends the, need for a park in this particular area the City will need to by ,lots for same. However, it must be determined if this is the exact area to put the Develop - park. Mr. Chubb is working with the Department of Community Develop merit on a detailed staff report on this subject which should be available at the January meeting. Chairman Roegiers read (in summary). the minutes from the City Council meeting which requested the above report. Mr. Chubb advised that the park by Grant Wood School is used heavily and they should not give it too much consideration because of the distance from Hollywood Manor. Mr. Roegiers also read the Planning and Zoning comments on this subject as set forth in their minutes. The possibility of Iowa law allowing thee, necessity of large developers contributing a certain amount of land for open space or park ,use was discussed along with the possibility of requiring same', by working with the Planning and Zoning, Commission on a closer basis to try to work some type of park and/or open space plan into these development areas before'it is too late. Page 2 • Park &'Recreation Minutes December 12, 1973 It,was'also brought out that there definitely was a need for better comnwnication'between the variousCommissions as well as between .Commission and 'staff in the long range programs,`_ such as the 5 -year Capitol Improvements Program and the yearly Placement of certain types of acquisitions:` This could be helped by being appraised when the development', plans first come beforethe'proper commission. It was, noted that whatthe Parks & Recreation Commission and staff had put down for acquisition of certain park lands was not in the same year bracket in the C'.I.P. as it was turned in by the staff. Number 2°item was that the City Council had approved the use'of the budgeted $1200 for ;the' -Iowa City Girls Softball'team for 1974. Item 3. Mr. Chubb gave a'presentation using a map to show the land exchange being considered at Villa Park. The developer of this particular area''has given the City title to the three parcels of 'Land in this'area which amount to approximately 5 3/4 acres. The Commission wanted to know what the possibility was of;,this ;open space following` through to Willow Creek Park. The 'lay of this open space is :on the watershed and flows intoLWillow Creek.' This land was given to the City on the initiative'of the developer and the Commission requested that Mr. Chubb find out the possibility of extending this 'green '.space into the Willow Creek Park.' It was brought up that the City is now more or less operating onthe Burke Report as to the locations of the parks in the City.' The idea of :a bus, tour of ,the City, parks was submitted to'the Commission as a means of better' acquainting the people on the Commission as to the exact location.and size, along with: the 'facilities 'available :at the City parks. It was decided that a tour would be made sometime After the first of the year. The Commission',members felt that this tour should be'made before they do the update 'work on the five. -year C.I.P. June Davis gave a written 'report to the Commission on the sub -committee meeting, with the Council RulesCommitteeand asked for input from the other Commission members. A discussion followed regarding, this report and it was decided that a letter with a copy of',this report be sent to the City Council advising that this was a, preliminary report and that the Commission would soon be submitting a detailed, report; along with iunended by-laws that would be formally adopted and sent to the City Council. Mr. Lindberg is to work with the Communications sub -committee. Virginia Hebert moved and Joan Buxton seconded:'a,motion that the Commission send the sub -committee report to the Council along with a letter from the Chairman advising that these were preliminary items and that the Commission would be sending a final report at a later date. page 3 • Park & Recreation Minutes December 12, 1973 Chairman-Roegiers adivsed that the WSUI=FM taped program would be 1 aired December 16 at 6:30'p.m.'and ,again on December 17 at, 1:30 p.m. It was stated that the program moved along nicely and that Julie Zelenka,'Director of Community Relations, did a good job. Item C, #1 -- Mr. Chubb asked the 'Commission to recommend a'policy. for the acceptance of memorial gifts to the Parks &'Recreation Department of the City. Various,ways'of doing this and/or acknowledg- ingIthese gifts were discussed. Mr. Chubb is to contact the National Parks & Recreation Association to see if they might have a model,,statement or'„policy ,thatmight be of use in setting one up for Iowa City. Mr. Chubb and his staff are to work on 11 this project to come up'with=a standar6 procedure and report back to the Commission. Item D, #1 -- The bus trip to Chicago was very well received with 112 persons participating, both golden,'agers and entire families. The Recreation Department is, again working, on.a winter.ad similar to the prey*lousones. Mr. Lee is working with Julie Zelenka on this ad and they, expect it to be out shortly., This will contain the same type - of coupon to get community feedback as previous ads. It is anti-', cipatod that the 4 C's Program will commence January 21. The exact schools have not been selected at,,this <time. -Tom Hoff will be in charge of the 4 C's program again this year. #2. Mr. Chubb gave a brief rundown on the parks as follows: Oak Grove Park - brush cutting: - Sturgis Ferry planting, trees', many, many kinds because of the unknown factor of what is under the ground.' (This is old land- fill area) - No; work is being done on the'west`landfill at'this time. Right now the old landfill has a large number of old cars in it. It was "noted that there was lmoney 'for playground equipment, etc. to be spent on:various parks, and Mr. Chubb would 'like to have some input from the Commission on how to spend the money. It was stated that this would be a good item to 'discuss during the bus tour. It was stated that the City 'should 'get bids on'the 'tennis courts at Mercer Park or at least get the work in the mill and perhaps wait a'short 'while to see if the price on asphaltic products would stabilize a bit'. The remodeling of the City Park Bath House is underway. #3.' Not ready for presentation at this time. • , i NOTICE TO BIDDERS Scaled bids will be received by the City of Iowa City, Iow'a,at the Office o: the Director, of Finance in the Civic Center until y,n_flq)o'clock, �a —, Ccr.tral Staneard Time , Thursdav on the 13th day o. December ,1973 , ,to be opened by the City Manager ir•T.ediately t�,e:e- after tor furnishing and delivering;thee. following equipment in accordance with the specifications now on file in',the Office of the.City C1erk,.Iowa City, Iowa. Two (Z) New and Unused' 7,000, lb. GVW Truck Chassis with Utility Body Copies of the, specifications and proposal forms may obtained at the Office '.OZ t�:d Admi:.lstrative.Engineer,-Department 'of Public Works. All bids shall be filed on forms furnished by the City of Iowa City, Iowa, soalad and plainly narked "Bids for 7,000 lb. GVW 'Truck Chassis with Utility Body" Each bid must be accompanied, in a separate envelope, by a cashier's check drawn on an Iowa bank made payable to the'Treasurer of the City of Tow„ City, Iowa, Jr. the sum of not less than five (5) percent of the amount of-che bid as "security that'. the. bidder will'. enter into: Contract with the City of lowa City, Iowa. Said 'check shall not contain any conditions either in the body o: t;ie c,:eck,', or endor Sement-tihereon. The envelope must be addressed to the City C e,-`, .and 'Oe endorsed with the nano of the bidder and make' reference' to the equipment bainz :.bid..' In -he event that the SUCCv'SSTlll'bidder should fall,t0 enter into CGi•traCt or 'furnish bond acceptable to the City Council as required by law, said chock shall, be forfeited to the City of Iowa City, Iowa, as liquidated damages. Bids may be withdrawn at any time prior to the scheduled closing time for receipt c of bids, but no bid may be' withdrawn "for a period of thirty (30) Calendar days thereafter. The Cashier's checks of the unsuccessful bidders will be returned within three (3) days afterward of contract. The check of the"successful bidder will be returned after oxecution Of the contract in the -fOYm prescribed by tnC City Coui:cii. Payment Tor the unit will be made within thirty (30) days after acceptance by the City Council. The City of Iowa City reserves the right to waive any irreguL cities w, C7, by so doing it would be infthe .best interest. of the City,. and to reject any or. all uios.; CITY OF IOWA CITY, I019A C /� �.•.• rte Mayor Attest: .�,� �! • • / MY RESOLUTION N0. 73-540 RESOLUTION MAKING AWARD OF 'CONTRACT FOR TWO 7,000 GVW TRUCK CHASSIS WITH UTILITY BODIES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY IOWA: That the: bid of HartwigMotors, Inc.of Iowa ,City,' Iowa in the amount of $ 8,937.42 for the 'purchase of two 7,000 _GVW Truck Chassis with utility bodies for the Public Works Department described in the specifications heretofore 'adopted by this Council on November 13 1973 be and is hereby, accepted, the same being the Lowest responsible bid received for said work. The Finance Director is hereby directed to execute a purchase order wiLo :r— said Hartwig Motors, Inc." of r Iowa City, Iowr for $8,937.42 for said equipment. It was moved by�nm' and seconded by ?AV 1, that o C - Che resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt Czarnecki deProsse Hickerson White i Passed and approved this 21st day of December 1973 i' Mayor % r ATTEST: City Clerk NOTICE TO BIDDERS Sealed 'bids will be received by the City of Iowa City, Iowa, at the Offico of the Director of Finance in the Civic Center until ten (IO) o'clock, a,.m. Central Standard Time Thursday on the 20th day of December 19 73 ; to be opened by, the City Manager, immediately there- �ite`r or turnis ing and delivering the following equipment in accordance with the specifications now on file in the Office of the 'City Clerk, Iowa City,, Iowa. One"(1) New and Unused 25 Cubic Yard Capacity Rear -Loading Refuse Collection Unit. Copies of the specifications and proposal forms may be obtained at the Office. of the Administrative Engineer,Department of Public Works." All bids, shall be.filed on forms furnished by the City' :of Iowa City, Iowa, sealed and plainly ,marked "Bids for 25 Cubic, Yard Capacity Rear -Loading Refuse Collection' Unit''. Encu bid must be, accompanied, in a separate envelope, by a cashier's check drawn on an lowa'bank'made,payable to the Treasurer of the City of Iowa City, Iowa, ini`'the sum of not less than'ten (10) percent of the amount of the bid as security 'that the bidder will enter into contract with the City of Iowa City, Iowa. Said check shall not contain any conditions either in the body of thecheckor endorsement thereon. The envelope must be 'addressed to the City, Clerk and be endorsed'with the name of the bidder and make reference to the equipment' being bid. In the event that the successful bidder should fail l to enter into contract or furnish bond acceptable to',the City Council as required by law,' said check shall be forfeited to' :the City of Iowa City, Iowa, as liquidated damages. Bids may be withdrawn at any time prior to the scheduled closing time for receipt of bids, but no bid may be withdrawn for a period of thirty (30) calendar days thereafter. The cashier's checks of the unsuccessful bidders will be returned within three (3) days, after award of contract. The check of the successful bidder will be returned after execution of the contract in the form prescribed by the City Council. Payment for the unit will be made within thirty (30) days after acceptance by the City Council. The City :of Iowa City reserves the right to waive any irregularities when by so doing it would be in the best interest of the City, and to reject any or all bids. CITY OF IGWA CITY, IOWA' Mayor Attest: uty �lvrx �� 160 RESOLUTION NO. 73-541 RESOLUTION MAKING AWARD OF CONTRACT FOR 25 CUBIC YARD;REFUSE PACKER UNIT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of -New PtethodEquipmentCo of Cedar Rapids Iowa' in the amount of $ 10.190.00 for the purchase of one 25 cubic yard capacity Rear -Loading Refuse Collection Unit for the DepartmenL• of Public Works, described in the specificatio ns.heretofore,adopted by this Council on November 20 1973 ,;be and is hereby accepted, the same being the lowest ro ponsib�ee bid received for 'said 'work. The Finance Director is hereby directed to execute a purchase order with the said thod Equipment Co. of Cedar Rapids Iowa for It was moved by GQefwosse.^':.' and seconded by `�zarheGh_�'. that the resolution as read be adopted, and upon roll call there were: AYES: NAYS: ABSENT: Brandt Czarnecki de rosse :Hickerson r. White Passed and approved this 21st_ day of December 1973 Mayor ATTEST: _ C �.�i City Clerk NOTICE TO BIDDERS Scaled bids will be received by the City of Iowa City, Iowa, at the Office of:' the Director of Finance in the Civic Center until ten (10) o'clock, a.m. , -'Central ':Standard.Time Thursday on— tTie. 20th -.day -oT— Decem er " , 1913 , to be opens bye t City Manager immediately there - a ter 0r urnis ng and delivering the following equipment in accordance with the specifications now on file in the Office of the City Clerk,'Iowa City, Iowa. One,(l) New and Unused 39,000 lb. 'GVW Tandem Truck Chassis Copies of the specifications and proposal forms may be obtained at the Office of the Administrative Engineer, Department of Public Works. All bids shall be filed on forms furnished by the City of Iowa City, Iowa, sealed and plainly 'narked "Bids 'for 39,000.1b.! GVW Truck Chassis". EaIch'bid must be accompanied, in a separate envelope, by a caehier'scheck drawn on'.an.Iowa bank made payable"to the Treasurer of the City of Iowa'City, Iowa,, in ',the sum of not less than ten (10) percent of the amount of the bid as' s6curity.that.the;bidder�wiII enter intol:contract with the' ,CiEyyof;Iowe;City,, or ondorsement thereon. ot:cotvelo a ymuconditions either in the body. of. the„check Iowa Said check sha I I' . ' co..tain..an with ttie name of the'bidder andst be addressed L.o the City Clerk and be endorsed P make reference to the equipment being bid. .In the event that;the successful.bidder 'should -fail to 'enter into contract or furnish bond acts table to the City`'Council as required by law, said check P 9 shall be forfeited to the City of Iowa City, Iowa, as liquidated damages. Bids :aay:be withdrawn at any time prior to the scheduled closing time for receipt of bids 'but no bid may be withdrawn for a period of thirty (30) calendar days thereafter. The cashier's checks of the unsuccessful bidders will be returned within three -(3) days after award of contract. The check of the successful bidder will be returned after execution of the :contract in the form prescribed, by the City Council. Payment for the unit will be made within ,thirty (30) days after acceptance by the City Council.” The City of Iowa City reserves the right to waive any irregularities when by so •an eor all bids. doing it would be in the;best interest of the City, and to re j y CITY OF IOWA CITY, IOWA Mayor Attest:', ' `tu.G l CityClerk' t NOTICE TO BIDDERS received U the Cit of Iowa City, Iowa, at the 0.°fice cf be recoi Y Sealed bids will Y Sc. a.m. clock , til ten' 10 o'clock, e ivic Center un ( ) ' th .0 the Director of Finance in day o. Central Standard Time ,' Thursday on tfe hili, 73, to be opened by the City Manager immediately there- December 19 after:for furnishing and delivering the following equipment in accordance with the specifications now on file in the'Office of the City Clerk, Iowa City, Iowa. One (1) New and Unused 24,000 lb. GVW Truck Chassis with Flat Bed and Hydraulic Hoist. Trade-in of one (1) Ford F600 Flat Bed Truck, City , Equipment No. 245. Copies of the specifications and proposal forms may be obtained at the Office of the AdministrativeEngineer, Department of Public Works. Ali bid hall be filed on forms furnished by the City of Iowa City,',Iowa, coaled and plainly marked "Bids for 24,000 lb. GVW Truck Chassis with Fiat Bed and Hydraulic Hoist". Each bid must.be accompanied, in a separate envelope, by a cashier's check Iowa City, drawn on an Iowa bank made payable, to the Treasurer of the City of the bid, as Iowa, in the sum of not less,than five (5) percent of the;amourt of the City of Iowa City, security that the bidder will.enter into contract with any either in the body o the check :.Iowa.' Said check shall not contain conditions be to the City Clerk and be or ondarsemenr thereon. The envelope must addressed bidder and make reference to the equiprent'bci;;g cndors�cb wieh the name of the bid. "In thl:' event that the successful bidder should fail to enter 'into contract check or -- rnisi, gond acceptable to the City Council as required by law, said 'Iowa Iowa, as liquidated damages. ed to the'Cit of City, shall be forfeit y Bids may be withdrawn at any time 'prior to the, scheduled closing time for receipt (30) calendar days of bids, but no bid may be withdrawn for a period of thirty thereafter. The cashier's checks of the unsuccessful bidders will ,be returned wig in t;;tee bidder will be (3) days after award of contract. The check of the successful in the form prescribed by the City returned after execution of'the-contract Council. Pay ent for the unit will be made within thirty (30) days after acceptance by the Ci;y Council. Thu City of Iowa City reserves the right to waive any irregularities when by so or all bids. doing it would be in the best interest of the City, and to reject any CITY OF IOWA CITY, IOWA Mayor Attest: p RESOLUTION NO. 73=543 RESOLUTION MAKING AWARD OF CONTRACT FOR 24,000 GVW TRUCK CHASSIS WITH FLAT BED ZE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of Cline Truck & Equipment Co. of Iowa City, Iowa in the amount of '$ 10,658.00 for the purchase of one 24,000 ;% GVW Truck Chassis with flat bed and hydraulic hoist with trade -iii of Ford F600 Flat Bed True'L Equipment No. 245, for the Public Works Department, described in the specifications heretofore adopted by this Council on November 13, 19 73 be and is hereby accepted, the same being the lowest resuonsible bid received for said work. :he Finance Director is hereby directed to execute a purchase order with the said Cline 'Truck `& Equipment Co. of Iowa City, Iowa for $1-0.658.00 for said - �/7]equipment. It was moved by (7ZAJ and seconded by 13 -ors"- that the resolution as read be adopted, and upon roll call thele were: AYE.- NAYS:'' ABSENT: Brandt v' deProsse Czarnecki Hickerson White Passed and approved this 21st day of December 19 73 — Mayor / 11Z1cer ATTEST: (: { t ,CJ_/CtC�2�/tom NOTICE TO BIDDERS The City of Iowa City, Iowa, will receive bids in the office of the Director of Finance in the Civic Center until 10:00 a.m. central standard time on Thursday, the 20th day of December, 1973, to be opened then for furnishing and delivering the following items in accordance with specifications now on file in the office of the Director of Finance, Iowa City, Iowa: One (1) new 1250 GPM Triple Combination Pumper with 750 Gallon Booster Tank All bids shall be filed on forms furnished by the City of Iowa City sealed and,plainly marked."Bids for Fire Department Pumper Truck." Copies of the specifica- tions and proposal forms may,.be obtained at the office of the Director of Finance. The award of contract will be approved by the City Council at its next regular'meet- ing following the bid opening. Each bid must be accompanied, in a separate envelope,,by a, cashiers check drawn on an Iowa bank made payable to the Treasurer ,of'the City of Iowa City, Iowa, in the sum `o£ net less than 'five. (5) percent of the amount of the bid as security that the bidder will enter into contract with the City,' Said check', shall not contain limiting conditions either in the body of the check orendorsement thereon. The envelope must be addressed to the Director.of Finance and be endorsed with the name 'of,the `bidder and make reference to the equipment being bid,, In the event that the successful bidder shall fail to enter into contract for delivery of the items specified, said check shall be forfeited to the City.of Iowa City, Iowa, as liquidated damages. Approval for any substitutions and/or'ommissions from the statedspecifications must be obtained at least ten (10) days prior to bid opening.' Bids.may be withdrawn at any time prior to the scheduled closing ,time for receipt', of bids, but ,no'bids may be withdrawn for a period of thirty (30) calendar days thereafter. Cashiers'' checks of the unsuccessful bidders will be returned within three (3) days after award of contract. The check of the successful bidder will be returned after execution of a contract in a form prescribed by the City Council, Payment for the item specified will be made within Thirty (30) days after accept- ance by the City Council. The City of Iowa City reserves the right to waive any irregularities when by ;,doing so it, would be in the best interest of the City, and to reject any or all bids. City of Iowa City, Iowa City Clerk l ji RESOLUTION NO. 73-544 RESOLUTION MAKING AWARD OF CONTRACT FOR ONE 1250 GPM TRIPLE COMBINATION BOOSTER FIRE TRUCK BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA: That the bid of Ward LaFrance of Elmira Heights, New York in the amount of $48,279.00 for the purchase of one 1250 GPM Triple Combination p o Booster Fire Truck for the Fire Department. described in the specifications heretoforeadopted by this'Council on November 20 1973 be and is hereby accepted, the same being the lowest responsible bid received for; said work. The Finance Director is hereby directed to execute a purchase order with the said Ward LaFrance of Elmira Heights, New York for said equipment. n It was moved by �%r^ / ', 'Z'F and secondcd b C' Y ) e4l. C.,ri that the resolution as read be adopted, and upon roll call there were: AYES NAYS: ABSENT: Brandt Czarnecki deProsse' Hickerson White ✓. Passed and approved this 21st day of December 1973 tl / Mayor ATTEST: L�/�-fi�l� City Clerk I NOTICE OF PUBLIC HEARING The City Council of Iowa City, Johnson County, Iowa, will meet at the Civic Center, in :the Council Chambers at 4:00.P.M. on December 21, 1973, for the purpose of amending the current Iowa City Budget adopted on August 1, 1972,.by increasing expendituresfor the follow- ing funds: General $ 112,111 Street 7,750 Publid Safety 100;667 Sanitation' 130,120 Municipal Enterprise 93,243 Parks $ Recreation, 8,437 Utility (19,000) Debt Service 1,032' \ Trust F, Agency (11,932) Road Use Tax 288,936 Parking Revenue (21,002) Sewer Revenue 83,064 Rater Revenue (87;516) Special' Assessment' Const. 783,076 (Pater Reserve (23,000) Sewer Reserve (23,000) Parking', Reserve (58)333) Capital Projects (94,279) The increase in expenditures set out above will ;be met from in- creased receipts and from cash balances not budgeted;or considered in the current budget.' There will be no increase in taxies to,be'paid in 1973. Taxpayers will be 'heard for or against the proposed amendment at the time and place specified above. A detailed statement of additional receipts other than taxes, cash balances on hand at the close of the preceding fiscal year, and proposed disbursements, both past and antici- pated, will be available at the hearing. Abbie Stolfus City Clerk RESOLUTION NO. 73-545 RESOLUTIONAMENDING THE 1973 BUDGET BE IT REMEMBERED, on this, the 21st day of December,', 1973, the City Council of Iowa City, Iowa, of:johnson County, Iowa, met in session for the.purpose-of;lhearing on an amendment to the current operating' budget adopted onAugustr'l`ilr19727.1;'-::There was present`a quorum as required by law. ,Thereupon the Council found that the notice of time and 'place of hearing was published accord- ing to law. Thereafter, and on said date the amendment was taken up and considered and taxpayers heard for or against the amendment as follows: THEREAFTER, and after hearing all taxpayers to be heard, the Council took up the amendment to the budget for final consideration and .determined that said budget be corrected by changing the pro- posed expenditures as listed in the original 'budget, in the follow- ing funds: General 112,111 Street 7,750 Public Safety 100,667 Sanitation 130,120 Plunicipal Enterprise 93,243 Parks &'Recreation 8,437 Utility (19,000) Debt Service 1,032 Trust & Agency (11,932) Road Use. Tax 288,936 Parking Revenue (21,002) Sewerr,Revenue 83,064 1. Water'Revenue (87,516) Special Assessment Const. 783,076 Water Reserve (23,000) sewer Reserve (23,000) Parking Reserve (58,333) Capitol. Projects (94,279) The increase in expenditures set above will be met from'increas- ed receipts and from cash balances not budgeted or considered in the current budget. There will be no increase in taxes to be paid 1979. It was moved by Hickerson and seconded by .1deProsse that the Resolution as --read be adopted, and upon 'roll call there were: CITY, IOWA CITY ptAENDMENTS INPOWTI, BUDGET pECEMBER 1s, 1973 Center in Civic Will meet the current City, Iowa, purpose of amendpnexPeTaitures Iowa the adjusting th- edule The City Council of 1973, 1°r 1972. Y The attached s' p.M. on December on'Augu=t 1 270;374.00. those amendments. at 4:00 budget adopted the amount of,$P. regaTdinB Iowa City funds in from one or more PTO' specific information result in the various was prepared to P in the budget generally adjustments the City Council Expenditure circumstances: of these are items apPTpYed by All feted in of the following for unbudgeted year. not completed budget ywere The Payment es in the cuTo�ects which which are A• enditur for P were:oudgeted and and P ital for lexP enditures they for carry-oveinvolve cap usually. exp ear for which Council ities. Tevious Y items generally the Pre 11Y approved by the by facil earl Those gical specif he next fiscal Y ctiOn of najOr P roves during into is for the constru hich the Council aP4 rojec items w P d ,. udg ete b un d- r a t for to en r• r s The Payment budget Y88 .t Manage t grant , u n b g Cl Y e B. nt e _ rnm ; the curre ended by th ove ween recommended Pro) ;are gmade both bet C. Accountingtiala cesTfoT,cons These, transfers are just fund revision of and fund TeConcilfunds s• review and budget. funds and within a result of the next year for the 1974/75 Bred amounts as reparation: budgets' in preparation vis d in P D. Decrease in made budget eStithe 1973 budget hand, This, years balances on et. aid from cash ear., Cash operating are P in thecurrent budget Y the City the In, exp endrl TesIRS fiscal Year asR'ri&t8d byin Tease in taxes A11 of or increased no bonds, from the 1973. There the sale of available. Of'Januav 2' balances are Council at its a etiments• to cover these mend MICRO BY M ICRO-TECHNOLOGY, 'INC. CEDAR RAPIDS, IOWA dei I! .: v a1. CITY OF IOWA CITY, IOWA BUDGET AMENDMENTS INFORMATION DECEMBER 18 1973 The City Council of ,Iowa City, Iowa, will meet in the Civic ,Center at 4:00 P.M. on December 21, 1973, for the purpose of amending the current Iowa City budget adopted on August 1, 1972, by adjusting the expenditures ;in the various funds in the amount of $1,270,374.00., The attached schedule was prepared to provide specific information regarding those amendments. Expenditure adjustments in the budget generallyresultfrom one or more of the following circumstances: A. .The payment for unbudgeted items approved by the City Council for expenditures in the current budget year. All of these are _usually -expenditures -for „projects which were not completed.in the previous,year for which they were budgeted and which are specifically approved by the' -Council for carry-over and payment into the next fiscal year. -'-These itemsgenerally involve capital projects for the construction of aajor:physical facilities. B. The payment for unbudgeted items which the Council approves during the current budget year. C. `Accounting transfers recommended by the City Manager to ad- just fund balances for construction, projects,' government grants, and fund reconciliations. These transfers are made both between funds and within funds.', i D. Decrease in bud.vetedlamounts as a result of review and revision of budget estimates made in: preparation for the next year's budget. This ;year, the. 1973' budget was 'revised in preparation for ,the 1974/75 operating budget. 'All of the increased' expenditures are paid from cash balances on hand, the sale,of bonds, or,!increased'receipts in the 'current budget year. ;Cash balances are available from the last fiscal year as appropriated by the City Council' :at its meeting of January 2,' 1973. There will be no increase in taxes to'cover,these',amendments. `;i CITY OF IOWA CITY 1973 BUDGET AMENDMENTS 1973 1973 APPROVED PROPOSED BUDGET FUND , BUDGET AMENDMENTS AMENDED COMMENT/EXPLANATION General $ 1,049,236 $ 112,111 $ 1,161,347 Approximately one-half of the,amendment to the General Fundis necessitated; by increases in the category of Personal Services.' These increases reflect the addition of one Assistant City'Attorney, a Director of Community 'a Relations, and Director of Employee'Relations'in the Administration Division, as well as to provide for re- !classification.increases approved by'the City'Council in January of 1973. Other changes provided for, in this amendment are made necessary by:the allocation of Revenue* Sharing -to the, Johnson County ,Department of Social Services and,to he Departments of Community Development and Finance. Street 156,545 -7,750 164,295 'This amendment is necessary to provide for salary increases asa result of reclassification'of personnel approved by the ,City Council in adoption of the pay plan in January of 1973. Public Safety 1,215,052 100,667 1,315,719 Of this amount, $65,667 is necessary to provide for salary increases in the PoliceDepartment, Fire Department, and Animal Control Division. In addition, a budget in- crease of $35,000 is necessary', in Capital Outlay of the Police Department as the result of Revenue Sharing alloca-, tions for additional equipment. -Sanitation 293,633 130,120 423,753 The major portion of this amendment ($100,000) is necessary to,provide funds for the contract for earthmoving at the landfill which was unbudgeted for 1973. The additional amount is necessary to provide salary increases and ,'re- classifications 'as well as'to'make a`$25,000 adjustment for repair and maintenance expenses. Municipal Enterprise 635,122 93,243 728,365 Of the total that is to be amended, $61,000 is necessary to increase the budget for equipment repair in the Mass Transportation Division over that which was originally estimated in 1973.' This revision is reflected in the CITY OF IOWA CITY 1973 BUDGET AMEND14ENTS 1973',` 1973 APPROVED PROPOSED BUDGET FUND BUDGET AMENDMENTS AMENDED COhAtENT/EXPLANATION Municipal Enterprise (Continued) estimate for 1973 that was presented to the ,City - `Council in the development of,-the'1974/7S operating budget. The remainingamount is to adjust Personal Services and increase by,$35,000 Capital Outlay ex- enditures forr the he Library as ca result of the Revenue Sharing plan Y approved. Parks F, Recreation 574,259 $,437 582,696 -...This amendment is necessary to increase Personal Services• ;i throughout the divisions of this fund in an amount of $S,487 and to,provide'for $3,000 in Capital Outlay for walks and paths as approved in the.Revenue Sharing allocation for 1973.; Utilities 102,300 (19,000) 83,300 This decrease in the budget reflects a change in policy not to charge the Citylfor hydrant rental and pay it: into the.Water:Revenue Fund': -,This decrease in hydrant rental of $39,000 was 'offset ',by a $20,000 increase in utility charges for the year `;1973. Debt Service 641,055 1,032 642,087 The amount of this amendment will adjust expenditures to provide for the payment of unpaid principal and interest outstanding as -of December 31, 1972. Trust fi Agency 454,590 (11,932). 442,658 In preparing the 1974 budget, it was discovered that the • ,_ budget for this fund was app =imately $12,000 greater than was nccescary to pay retirement benefits for City employees. This adjustment was reflected in the revisions '. for the preparation of the 1974 budget and is amended accordingly. Road Use Tax S13,S93 288,936 802,529 In approving the 1973 budget,-the.City Council specific- ally did not allocate $300,000 in Road Use Tax Funds preferring instead to make specific adjustments at the the time the Capital' Improvements Program was 'approved. The total amount of this amendment'is represented, by transfers to the Capital Projects Funds and to the Special Assessment p n Construction Fund. CITY OF IOWA CITY 1973 BUDGET AMENDMENTS 1973 1973 APPROVED PROPOSED BUDGET FUND BUDGET AMENDMENTS AMENDED COMMENT/EXPLANATION Parking Revenue 307,585 (21,002) 286,583 The'total amount of this decrease is represented by, the net difference between a decrease of $20S,000 originallybudgeted for debt service and reserve requirements and an increase.of $184,000 which was transferred to the Construction Fund and will be used in 1973 to purchase various properties immediately surrounding` the Civic 'Center and'Chauncy'Swan Plaza." Sewer Revenue 574,024 83,064 657,088 This amendment is necessaryto provide for astransfer • of $73,879 to the Special Assessment Construction Fund which,will permit construction of the'.South`Riverside Drive Sanitary Sewer Project in 1973.:: An ,additional amount of ':a roximatel 9 00 0 s i PP Y $ , necessary to make' adjustments in Personal Services to.cover.reclassifica- tions`and salary increases in 1973: Water Revenue 1,133,010 (87,516) 1,045,494 i; Of the amount to be amended, approximately $93,000 is in Capital Outlay which reflects a decrease in the, amount originally' budgeted for new water main construction in 1973. This 'decrease was offset by increases in repair d and maintenance classifications and in, transfers. Special Assessment 32,000 783,076 815,076 Construction In approving the 1973,budget, the City Council specific ally reserved for later approval several special assess- • ment construction projects pending final agreement on the 1973-1977 Capital. Improvements Program. As °a result, this rather large amendment is necessary to provide funds.'for such projects as the'iFirst;Avenue Realignment ($278,000), the 1973 Paving Assessment program ($346,165), and $541000 for the 1973 Sidewalk Program.. Funds for making these improvements will come from transfers from other operating accounts and from the proceeds from the ,sale 'of the $600,00 i bond issue on December 6, 1973. CITY OF IOWA CITY 1973 BUDGET AMENDMENTS 1973 1973 APPROVED' PROPOSED BUDGET FUND BUDGET AMENDMENTS AMENDED COWdENT/EXPLANATION Water Reserve 318,999 (23,000) 295,999 'This amendment reflects a net adjustment as a result of a decrease 'of $36,000 in disbursements budgeted from the depreciation. extension and improvement account and an':increase of $13,000 to cover unpaid bonds and coupons outstanding, as of December 31, 1972. Sewer Bond Reserve 118,565 (23,000) 95,565 This amendment again is the net adjustment reflected. by a decrease of 524,000 in,expenditures from the ex- tension and improvement.account and an; increase of I $1,000,, in debt iservice'to pay: bonds and coupons out standin as of:Decenb r e 31 1972 Parking Reserve S8,333 (58,333) - This decrease is-necessary.,because of the elimination of'debt service in..1973 that was :originally :budgeted. Parking revenue bonds'of 1969 were repaid on July 1 1972,;prior to,final scheduled maturities:: Capital Projects 2,285,835 (94,279) 2,191;SS6, This,overall decrease is a net amount after providing for, payments on contracts carried over -from previous years into 1973, offset by,a decrease of $1,700,000 for parking facilitiesconstruction which was budgeted for expenditure in 1973. It should be notedlthat.the -Capital Projects Fund is one that reflects expenditure • increases and 'decreases depending upon the timing and approval of;various construction.Pro'ects. Most of �.. : the increases were incurred for completing projects previously approved by,'the City Council in addition to those;.that were specifically approved for completion in 1973 in the Capital_ Improvements Program. Specific detail on all of these construction projects is provided in the.Capital:Improvements Program and in the 1974 opera- ting budget: TOTALS $10,463,736 $1,270,374 $11,734,110 I J �••s�J C W O rp. • H 7 T W O .a O N N d ! 6x1 p p U4 x n. 9 ro u O 0 O w w 7•+.a) H y c'1 0 .0 0wj O E 1� b •rl 6 LT4 yG U w d u a7 H H HO •N. C •.ppi •rl U U~ CI N .gip p �.... 41 �.. .. d H •rl Y U .0 w O U 61 U w o iJ ro.. Y' •D N 4+ L 3-i �..w P-4 0 u w H T y wo 0.. rj 0 01 v 3 w � v i N u ro .c w z .0 L H ca ..j u a w N o w P, u u w o •o a a O w O a) C w H . M iJ O H H w 'O a U H P X:w rl' L T O H v71 U O w 'u W .0 'o T W U a O 0... ^ G C 0 � x to y wv u o m w H co a m u w ra a a w w -H u H r-A w 00 k ro C U T H T y O w w "o U _a ri O.. U 7.. A - L •rl w -H U w w w' OC N C rd O U i. H N 0 y A U w w w a '-1 M O H w N 3 C O ". y W w H •C C » l+ rn C O Hd 0 w w y C-1 x F .� w y U r. w b O C C H O A :J la C ca . a y >4 w $4 A U O t� H C a) Y a O h 0. a C '. w '. O N L W O W ,y •rl n C -H to rl ?S w O �. i Oa 6 -H aNl .� T cm Ad 3 W O O A T 0 G y 641 N ta p\\� N In z U H T H a7 w O W > p w w O w U "7 w O A w H co 'O C. C H O w w -se. w U O w w ro w N T ra H O Y+ L ro w w ro ro 0 W U -H H 3 w C a U) ro o v w a a n w v w ~ y H O }4 to $4 w F, U) �] T w .0 ro A G w u FG U l O W 0 of L C .0 E H -O w A w U 1a N •rl U w r O b ~� N a1 G-] O N 3 O d '� N +� F H L) U 0 O U 0 ro 0. P. E o 0 M o3 C � ' C ca a1 C uH i •rl T ro ' H C „y p N w .0 A CN caH L •H to n •rl y m N ¢ C N rwi i T [-•r• •... U V1 T U rl N b w O w H U A C z \ .l V w C •r♦ w ro w W •• O w a1 •rl x C ri U :- T O '+-� ro O rl W N I J H w w .L •H U .0 C w O. N T A '' E 0. ro L w iJ W ` H O u. ca is A W 3. w w w 0 O •rl C D a U w +�ro N WW O H i. E .H w u U W H F U O O 1-4 ' 4 p, ' n u ° `n N 0 o C •r4 E o a) (n .�� >, r a ro [�sW^j w H F w H U aGi }+ ca A u v :1 'H m ro C I I I I i •H W O U N y W N 3. w ,Z ri e3�' 9 L 'ri 1J 0. •rl 7..Ci H N4) O x I x I% x I ro+ R w.. O x 6 d a l � RESOLUTION NO. 73-547 RESOLUTION AUTHORIZING DEFERRED COMPENSATION PLAN. WHEREAS, the City Council of the 'City of Iowa City, Iowa, offered employment as City Manager to Mr. Ray S. Wells, on March 21, 1972 at aninitialsalary of $27,500 base with $1,500 yearly annuity premium. WHEREAS, on April 1, 1972, Ray S. Wells accepted said offer by the City Council ofIowaCity, Iowa: WIiEREAS, on May 1, 1972, Ray -S._ Wells assumed the position of City Manager in the employment of -the -City of Iowa City, Iowa. WHEREAS, the City of Iowa City, Iowa, has in its employ at this time, Ray S. Wells in the position of City Manager. WHEREAS, Ray S. Wells is and will be rendering valuable services to the City. WHEREAS, the City has considered the establishment of a deferred compensation plan for the City Manager, Ray S. Wells, made avail- able to the City and to the City Manager by the International City Management Association Retirement Corporation., WHEREAS, certain income tax benefits accrue to the City Manager through participation in the said plan, and WHEREAS, the City recognizes that the tax advantages of the said plan to the City ,Manager _constitutes a benefit to the City by allowing the City to offer an additional "fringe benefit" in recruiting and retaining qualified personnel in its -employment at no cost or charge to the City: WHEREAS,-since:Ray S. Wells, City Manager, has been employed by - the City of Iowa City, since May 1, 1972, and a deferred compen- sation agreement has not previously been enteredintobetween Ray S. Wells, City Manager, and the City of Iowa City, -there is a sum of 'money held in trust by the City of Iowa City for Ray S. Wells, City Manager, as -of May 1, 1972, pursuant to the - offer of -employment -addressed to Ray S. Wells, City Manager, on March 21, 1972. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY THAT. THE CITY ESTABLISH THE SAID DEFERRED COMPENSATION PLAN FOR TIiE CITY MANAGER, RAY S. WELLS, AND FOR THIS PURPOSE AGREE TO THE FOLLOWING: That the Mayor and the City Clerk of the City of Iowa City, Iowa, are hereby authorized and instructed to execute on behalf of the City of Iowa City, Iowa, a deferred compensation agreement between.the City of Iowa City, Iowa, and Ray -S. Wells, City Manager, and also execute on behalf of the 'City of Iowa City, Iowa, the trust agreement with the International City Management Association Retirement.Corporation. The two above mentioned documents being attached hereto as Appendix A and B. _2_, Resolution No. 73-547 It was moved by _ White and seconded by Hickerson that the foregoing resolution be adopted, and upon roll call there were: AYES: NAYS: ABSENT: x Brandt x Czarnecki .{ deProsse . .{ Hickerson White Passed -and approved this 21st day of December 1973 MAYOR' ATTEST: l -lam Lc! , �i L LCILU City Clerk _j (Ia in, "5.a, aod us n.::. •n � . l USt -. -_ EMPLOYER January .174 ,D .. AND -- - DATED AS OF - Is- -I-, E INTERNATIONAL `..� CITY { MANAGEMENT `ASSOCIATION RETIREMENT CORPORATION, TRUSTEE i r I City of Iowa City; Iowa i HENT mar'. by and between Ih0__ the "Employer') and the I.IommlOmni City Management A.soerahon Rutiremunt Corporation (horoinaltur thea '?ma:co or 'ne:iro m •t I _ - r;.-•aar.,i •);anon-pram carporatlon organized nntl axlding undur tau laws -ol the StateofOalnwaro, ler the perposa 1,l investing sad a;nau ,cu -•. ' ! - ; ro,g funds sat :hide by Employers In connection with Dalefrod Compensation Agreements with Empioyosa. - •..+.. ,EAS, ThE Employer desires to enter intoagreementswith its EEmployees. whereby it. Employees ogres to data paymaAtq ole opu'•'­c of or wmo.rus Irom their total compensation as "detailed compensation" Is daflnod n said agreements until Iho aeecrro:•_J Ot Vh,UICAS, In order that there willbe sufficient funds availnhlo 10 disefmrgo the foregoing contractual obligations. the Employer: Jstroa - - 1.: •a. :.,;da r+or.odw amount. equal to It,. percentage or amount of total periodic eumpensnlian deferred; - - - il.a finds .el aside, together with any and .11 Investments, I.molo, nwr to be osefuclveiy within the dominion; control ...it i I. 1,l Inc ETPIOyvr, and .select to the Employer's absolute ,IBM of withdrawal, the Employee having no Interest whatsoever Choreic; :- 1 - 9, TorrIEFORE, this Agreement wilno»oifY that .(a)-tile Employer will pay monies to No Tlesleu to be placed In dofurrod compun:a::ea r _�.. „r the Employ.,: III). the Trams. co.... nm that 11 will holdAidsums; and any sins lends which it may receive hereunder, in%milt lot 1. r u sial purposes and upon the terms and conditions heminnitar slated; and (c) the Pont.. hemi. sera. as follows: - Ai.71c,E I. General Duties at the Punier. - - S.-.111011 T.I. G"mr,41-Duly of the Employer. The Employer shall make regular pernax payments Critical to g1e p0ro01118205 of ar a5avria from . .. •-'s •st n r 1:.Pfoyca., r.:.I p.olmG. compensation, whim -arae-dahvrod no accordance: with the terms and conditions of Deferred Como ft•.aLun a"`I + meals with such Employ..., or withany subsequent modification Ibow01. S. -T... 1.2. Genemi Delta. of the Trustee. This Trustee shall hold .Ii fends roc.i,.d by it homund.q which, :oge:hor with It.. •ncomu.:n":c:: o.q - s=aB wotw,.tm th. Trust Funds. It shall administer the Trust Funds, collect it.. income thereof, and make payments IhemUarr -ai1 s t.o,cin"po. - ,. uviL..U. The Trusim• .bell also hold all -Treat Funds which are transferred to it as suecusxor Trustee- by the Employer from cx stfnf. Cu:uu�e r.•mpt .:. ,;ion nnangnmmnb with Its Escalates. which most In. same Internal Revenue Code r.quiromunts which CaYmn too ICIaA-fit. Da,u,c. - e Pian. Such Trust Funds shall be subiuct Co all of Ihu lanes nntl provisions of this Agreement._ _ See Appendix A ln7iC1.E 11. Power. snit Duties of the Trusloe in Investment. Adminf.lralfon, end Disbursement of Cho Trust Fund. Z.I. Invaure anem Povmand-Dulles oftheTrustee. The Trustee shall have the power In ds-diserution 10:,ncul ane .•:,axes. nr TJ sod income Of the Trust Funds and keep the Trust Fund, Invested without distinction bolwounprincipal and lncm:m; iA S41CII ',cc:nm_ u: - ,i� a: p.np.rty, mal or personal, whom,., .Counted, as Iho Trude. -shall -deem advisable, including. but not limited to, stocko. commas or .:r ::. -.;1,1rront annuity pollees; mortgages. sea ether evidences of Indebtedness or ownership. one in eommer. trul.1 fuLds of opr0.ad Ir s6unens. with such institutions acting no Trusluo r1. such-cominan : trust leaser For those purposes. thus. Trust Fond;: -::,.y .urs. ,,pad with others established by Cho Trustee under this form. of agreement with enter Employers.: In making such mvealmunia, Ino Tust�u m-: ou subject at any time to Any legal Coronation governing tau invosbaanl of such funds - _ - -- LCcarm i% AdimnNlrngve Powers DI Cho Tmame. The Tivalea blm:i have the power In its dlaer.Ilen: v_ 1 I:.j Ta purchase, or subscribe for, any securities or other prrrpuny and to retain the same In trust. - - Zn; To sell, erclmngo. convoy, transfer at otherwisedispose of any securities or other property hold by it, by p ri•+ato curl nit, or c au Uion. No Pamoo dealing with the Trustee shall be fenced to sou the application of the purchase money ort to Inquir iho inc ...podi.ncy, or pmprloly of any such sale at other disposition. - ,or Ta vole upon Any clocks, bonds,-ol other securities; to give gome-I or special. Prasios or power of attorney With or r.,li•u- - - sr`•:'ipNron; to exercise any conversion privileges,-subscription rights. -or -other options. Anil to make Any. payments ins c-u.: .v - -pose, or to consent to. or otherwise Participate .In, corporate. reorganizations at other changes-atfocilrg corporal uri,.; - - irtcgate discretionary powers. and to pay any nseossmellsor ehArfous in cOmWchon therewith: and generally to awurcisu .toy e•of ee owner with respect to stocks, bonds, bna,nililm or other prapally hold as poll of the Trust Funds, Iii Yu eau,. any socudllma or other moreety held m pmt el the Trust Ft .nd. in be raglderud In 11% Own name. and 16 held a t I":­ . .. be Cann, but the books and records of Iho Trusleo shall at all Limos show that all such Invostmantu Are a part u1 Ill., Tract til) ;U borrow or mise money for the purpose of lite Trust In such amount, arta upon 0.ch forms rind conditions, ns Ihu Taal- -e , 6im,cl e; arid. for any sum so borrowed, to Issas its p amosory nolo On Truslon, and to secure the repayment Content by plc tit •rt my parr, at an. Trust Funds,. to. poison Canning mmroy In Ino TteRia. N,g11 he bound to *atothe application of Ih., nails, 1-11-1 oo' I- nun ns viom11y, ..pmlls0sy of prnpd.ty at .,IV ..eh bnuawlee _ p- ,a -kn'W such 1,0010. sl lb. Trust Pundo IA Cashor arsh In ho,Q-- as Ino Yrvsmn, from time to ilmo, Play '140011 to to, 11. tie _sc i..!.. ., - A: ibis TruN lYaalmid h.rebY.. wlih0ul iinb111ty for Interest thalami. :v To accept and retainfor_such timean11 may I aern edvisa Dia Any. Wearinea or other property tocaivod or acquln.d r :. "- „ereunder.Yon :her or not such securities or other properly would normally be par[hased as investmonG, norcuodur. _ `n' T. m;•ke, .,.•eras, aconowtodge. and deliver tiny sad all documents of transfer and conveyance and any nail all athcr 1,1­1;:-. _ a]y be neeaes:.,i or Appropriate to parry out the powers bolein granted. - - - i o Sallie, compromise. or submit to arhuration Any cl ins, deals or damages due or aw:cg to or.. f-O:n :bu Trust Fund - - 1 •.,d :.ui's or kcal or admimalmlive proecodmgo: ono to n,pr..mrd Ino Trust Funds .n all sults and legal and admmrslrabvo Roe z... 1„... - TA no all seen eels, take all such ploc.odings, ono vere+s-, all such Ciliate and Privileges. although not specifically v..• Trustee may Users necessary to administer the Trust Fords and to parry out Ino purposes of this Trust. -- - 2.3. ihslnvuliona lam the Trust Funds. Th. Employv, hereby .lppomta the Trusts. as It. agent for purpasas .1 aclucling ua ..w :.01 L•, from the Trust Funds Aro to be made. n, wall no for purposirs-of making such dlsuibuVons. In this regard the terms snit cm•a , .:_ -. - - _. na Agreements to be O..C.led b.iwm.n the Employer. and Us Employees, and any sub..qu..t modifications thereof, aro to gu':au .. - _ -1.4. 'Vale;,jam ut Tmst Funds, At least onto -a year as of Valuation Dates to signaled. by rho Trustee, Ute Trustee shall datcrik:au m, - - a Teral Funds. Asois -of tlm Trust Funds shall he valued el Choir market values n1 the cis-. of "slnecs on the Valu+cion Data, ar, at ins ;: raamhr n-u,n:•mnblo marker values ns the Trmleu shall nelenuino, on eeeordnne. with methods eonsidungy followed .arid end.;,,'- lit. for Protection .1 Tsu.iaa.-- - - 3.1. :1411-nce. of Action by Employer. The Trustee any racy upon tiny eorblic.do, notice or dinottion purporting to ha o b.... Yin.•. _. cu'aloysr whack the Trustee believes do have been signed by a duly designated official of the Employer. Na eommunica:.an :.r: - .. ..cit i;ny.I. Ih,, Trust Fend.. al Truslo. until they aro rec,nvmd Uy iter Tl"stun. - - - - - - 3.: r ov:ee of Counsel. Tito Tmslae may cease,t etch any ;agol counsel ♦.Rn respect to the construction o1 this Ag .oma,,-, .. :or any act, which it proposes to take or omit, and scall not be liable Cor. any action taken or omitted in goad faith pursuant to sec.: �..... The Trustee shat use ordinary caro and reasonabfa diligence. butshallnot be liable for any mistake a Ir• e.ad faith. The Trustee shall not be liable for any loss sustained by the .Trust Funds by reason of any. mvaslm.n; ._.." .• ,.,.hd in accr.Nahee with the provisions of this Agreement. -: seT punas a,-A aauaab Cna. s'tan tc lim.:ea to the” eapreasy Imposed upon it bymu agreement, n.wi1h.I.ndog ,ail SicGan 4.1. Tax.re. Cha Trustee -shalt. deduct Irons- nnd. ebargu. ngoino in. Tnmt Funds any. I... s on Ill. Trust Fund. or the mcur.o r.ur.uo: or. welch too Trustee mquirpd to pay with respect to the Inlerasl of any person lhurein. - - - - Stenon 4.2. Expr acs. Tho Trustee shall dodect from and charge sgais:t mo Trust Funds An reasonable expuncus inesrred by the Trustoo in i _I the aC elalornlion of the Trust Funds,. including counsel. Adage/ and chief necessary Inas. ARTICLE V Settlement of Accounts. The Trustee shall keep other transactions hereunder. necurnfe nnd detailed accounts of all investments, receipts. disbursements, and ' - -� -.- - ' I V.-ANIn 10 days niter the close of each fiscal year, the TwDloo shall render in duplicate to the Employer an account of Its acts and transactions 1 - as Trustee hereunder. If any part of the Trust Fund Shall be Invested through the modiurn of any common, collective or commingled Trust Funds, the la acnuni report of such Trust Funds shMl be submitted will All incorporated in the necount. I - -- It vlintn 90 days Arlo, the mailing of the Account or Any ame:adod account the Employer has not filed with :he Trustee notice of any objection i u any act ortransactionof the Trustee, the account or amended _ account shall become an account slated. If any objection has been bled. and if a r -- 1 iso Employer Is satisfied mot it should be withdrawn or it The Account Is adjusted to the Emp:oyar's satisfaction, the Employer shall in wr;ling fwd r I 6:4 Iho Trustee signify approval of the account and it shall beeenla an Account sihtod.,--. ' Cfnan an Account becomes an account stated. such account shall is Finally settled, and the Trustee shall be completely discharged and as it Such account had been sallied nad allowed by a judgment or decree of a court of competent 'urisdiclion In an action of procaedrng - - {in :rn ch the Trustee and the Employer were parties. -- - i �he Trustee shall have the right to apply tit any time to court of competent jurisdleiton for the Judicial sattlament of Its account. I ARTICLE V1. Resignation and Removal of Trustees _. _.. Section 0.1. Resignation of Trustee. The Trustee may resign at any time by filing with the Employer Its written lasignidlon. Such rosionntion shall 1 f lai.a effect 60 days from the 11.1. of such filing and upon appointment of n successor pursuant to Section 6.3, whichever shall first occur.- -' Section 02. Oamovnl of Trustee. Tho Employer may .Move the Tru Bloc ht tiny time by delivering to the Tlemcen written ollca of Its removal nnf, an n pnintmanl of n silccrzsof - a p purdunnl to Section 4g. Such removal chess not Intra olfoel r I prior l0 60 days lore aUeh delivery unless the - --.---TrU:hm apr.es to en entl(ar nlfaelivu r'nta. Section 6.3.: Appointment of Successor Trusloa. The All-iniment n1 n successor to Iho Tmsien shall :Ake street upon the delivery to Iho Tru:iso ('a) An Instrument In Writing exeeutad by Iho Employer n ppoim nnd axenarnlln0 tach nucconsor tem Iiabilily sat Ila c.: arid omissions of its prodaeossor. and Ib) an aecspinnes in writing, executed by such $usous:or. - All c, the Prov s on. ..I forth herein With rospoct to the Trustee Shall rolnlo to each successor with the same force and effect ns II Such I ! . - succesaarhid boo. originally named an Trustee hereunder. It :r SuecasPr is nit sppniwithin 60 days after the Tnalea gives notice of its resignation pursuant Is Section 6.1, the Trc lea may a}„/ :a Call,, m i any coof copetent 1 ristliclioon n to, tip•.+oi=Imam o1 n sa-urssor. -- - - Sacllom 6.4;. Transfer of Fm:da. to Successor.: Upon he resignation or m.novnl of the Trusloo and appointment of v sates ser and asset the :.! fin.. recount of the Trustee has been propady settled, he Trustee shall transfer and deliver any of the Trust Funds involved to such successor. ARTICLE VII. Duration and novueclion of Trust Agreamonl. 1 ' SC ten 1 Durailon and Rovaeollon.. Thi Truss shall continue for such luso ns may be necessary to accomplish iso Pugroce for whicaj c c :i. f but may be lens tinted or revoked at any time by the Cmpto•/er as it ndalas to arty nnd/or allrelated participating Employees. Vilillon :.One. 1 1 < ---ch I rneisbon or miroealion shalt hegivento the trustee by the Employer. Upon termination or revocation o Ihii, Trust a of ihi,I 1 _.':Of -h-11 rotor,, to and revert to the Employee vermination of this Trust --hail not, however. rolievo the Employer of the. Cmplolir co-1 .nu a i-non to pe clAcrerd compensalion u I - sb y pen the APPI(eoblu tlisbibulion J: a to any Ana/or each Employee with whom the Employer by u.tur,,.. i a - rt a Compensation CmPio/mens Agreement. - Section -1.2.Amendment. The Employer Shall have the right to amend this Agreement in whole and in Pali but only with the Trust s (of, Any Stich dh n e d ens hn i become offaelivo m upon (a) Jolivery to the Trustee of a written instrument of aondntom. Ann (b) Ihn endo'.- i I by V-, Tr ,ah i na iu rl 1 1..........l of Ihn csunrrnl Insist.. - - i .RTMI.2 Vill. 1 decree 6.1. Lavrs. of the State of Dalaworo to Govern. This aProoment and the Trust hereby created shall be construed and regula:..d u>- :Lc i - I Inver of ahs State of .1:• _ r Eaglet.., Try. ler.. l n"!......final I,,rhu), ny n.r�arl ho "mc'.ed' Ian ["hill"”, A... I -Aro adnl1. if,, I'_,, 1 j r� ••� • I tar 1 -dr n, 1' nry r •til•, tie, hr , n•• n I - Ir ua^ n. ........n .ossa 11 • rrgr rel I II n , assn m •. n.- - - I... r ., ... SSSS ,., . -r.. - .r: , _., .r. _. .,. n • a ..:. i 1.,. .. .. -.{ I _ L.n aria r unJ It aur.ptl,.r ossa else his "1"'.4 autos Ism r.ahlu.l mhs us rewla a umaraafall. _ iN VATNCSS MIEREOF, Dy Iso nu:h.rily of ib governing botly, the Employer has executed this Agraomcnl, and the natiranuni C r.o has caused this Agreement to be executed by its authorized officer and its Soni to bu horeunlo. affixed, all as of the day and year tar.,( ..bola lr City of Iowa City, Iowa SlgnaluN i., AUT,:DiIIZEDOFFICIAL Cis, -CZ—er C. L. Brandt,,,Mayor f I - - - Pnnt name find IAIo ( ISCAL) 1' IIITCRNIMONAI. CITY MANAGEMENT. i r p'60TO iORfl ASSOCIATION RETIREMENT CORP. l 1< ni?O., Ly P .f1E EMPLOYER By; (t4 _ y l l �'.. A7ii]7 iRutircmcnt Corporation): t.f:au pnrtJion iel deaten - 1 Cer : t _:. n-:m:JZ affil - �• • `—'It01'J�a�- 'J,_ CITY COMPEi SA i Oiv MANAGEMENT E6n.?LOYrIE,d): ASSOCIATION AGREEMENT i ' -RETIREMENT 1 CORPORATION r I �l AGREEGEUTenimersintothis 1St doY .I Januar 1g _; 74 between CitY -Of--- -_, Y ToTaa City, Iowa • (l;oro:naltor referred to as Ilia"Employel-1, having its principal office at Citic Center , IOWa City Iowa - 52240 1 Ra S. Y1a!ls a"d— y I (h0reineftar raforrod to os the "Employoo"), residing at - ;I` 2315 Princeton Road, Iowa City, Iowa 52240 ' - 3 ' City Manager yn1ER -AS, the Employoo Is and will be randorinp valuable sorviCos l0 the Employer In his CapadlV as i 1 and - jII { i , t Rc REAS, it is the desire of the Employar to have the benefit of his continued loyally, service and Counsel and also to assist the Employee in I arra a _ p for the contingencies of old apo dependency, disability, and death. - - 1 r _ IT 13 r11EnEFORE AGREED: - - 1. Deferred Compensation. There Is no limit on -tiro amount or poreenlago of. the feel compensation of the Em Ployoo which may be deferred by .'� She Employer under the terms of this Agreement- For the purpose of Ibis Agreement and the Trust Agreement the fallowing dulinitions apply: a. "Total :ompensallon' is the lot -it of compensation to be paid by the Employer for the services of the Employoo, regardless of the tares usod for Its components,. as, for example, "baso pay... 'in Addition to base pay." ate.: i b. "D.lunod componsnllon" is that amount or percentage ofthetotal compensation of the Employee which Iho Employar currently do lar. from she payment to the Employee. and. Instead, deposits same into a deferred Compensation account with the Retirement Corporation under - - - the terms of this Agreement and the aforesaid Trust Agreement; and A. "Current compensation" is that p_orsian of the Employoo a total compensation which Is not deferred Componsnlon as deferred eomponsnllon is defined heroin. ,na amount of falai compensation may be adjusted from time to time without nll0rinfl the forms of this Agreement. in the event o: on Atlru Imonl Of :yo total compensation at any time during the fife of this Agreement, the - 9 percentages and/or the Proportional ay betweendjThom es to lira :o::. compensation Its stated Oalmv in IhlsPnmprnph, -may, at the discretion of the potties. remain the same; or, !hay may be adjusted otherwise a • mny I , the Parlsas. however, the peroentago-or amount of tocol compensation agruad uponby the patsies as deferred compensation through :he use of [his Procodure will be controlled by the terms of this Agreement. As ,f . January 174 to—, the Employar will committed to pay, the Employee In the form of both cur -ant and. deferred i eor.:peri.ehon, as these terms ate relined hero and specified in the paragraph chocked and completed below: -' ❑ Deforrerlcompensation shall be$ 1500. 00. current compensation will be 2$_-,500,00 Both XearZy ❑ Current compensation shalt be $ ; deferred compensation shall be In addition to currant eompensalian in :he amour. of ' 1 of current compensation. ❑ Total compormAtlor, shall be $ - `.re of which &hall be dalanod compensation. f -.. Anil - Cetera nd(us_Irnonl of -Iho_ Pulsating. of amount of deferred -compensation : shall be c.mmunldnlod to the Employer', AOam Ili - n •IL• ne Corina Non pad Iia deposits in Ilia adjusted pmc.ntnges nnd1Of Mankato, if changed born Iho prior. existing pereeninpos of proportional "mwc.• a :flim dampen nil if meth remain the coma percentages or ryaportionnl nmounss 1. -- - current or falai eempan salion, Abnil-Ihareafire, bis. lance u/ - on - ::beEmpiointo nto Ile Retirement Corporation Account. - - - - - - - , _ t t Detailed Cnmpunsmion Account. Deferred compensation shoo be erodllud and Peld Into a Treat to be ostr bl(Ahad and m nil r 1 - Y.A.li:, I fen tenni CityfRmgnment Association Retirement Corporation ([retain referred to as Cho "Rellfemenl Corporation"),t as Trustee. Io R_I'r ,rd orax..bon is a ecn-profit corporation formed for the specific purpose of investing and oiberwiso administoring the funds of said Trus!. TI.n i uct .n.:y Ju rcvoked At any time by Ilio Employer, and upon revOCvllon of said Trust, allofthe assets. thereof shall return to and raven to the Ent; 1 oyer. Tia=mployar snail kacP nccurnlo books and records with rrspod t0 the Em ployoa's total compensation or other earned Income and with race._::,, en,oeats Paid :.to sells Trust-- - , r ., Otmer%hip,. of Fund Neither the Emplovice nor. any beneficiary ther.nf &hail have any mturost.. Whataeyer In the funds paid Iota r.., cn.n rut, aon Account or in 11u, nceumulnllons or any increa is ort such hinds, which shall al all limes feel as nn nwot .1 the Bat Ploys:, &. i c: 1 to T: ah..rllim dominion. control; and right of wilhdrawai until such time as Ilia funds or. Iissels of the Account tiro distributed to the Emp.cy it it - ( cie-Inco with filo- - - Novisions of this Agreement. The obligation rllha Employer to my dafmrotl eompensalloo is caniracluat only, tl's'Emfu ryca L 'r:p no Preferred Or spacial interest or claim,byway. of Trutt, annuity, -or olherwis.,-In ' 1".m; and to the specific. funds and Assets hold In-tho-Celcrw:l n .aloe Account. The comreclual obligations o1 me Employer to Pay deferredcomPensaticn 10 Cho EmployedOfhis: bonaliciary-cn ft. -- CA 1'4r [ f ! j r bo distribution Child shnll be .continuing obligation: upon:heEmployer, and shall not be ralldved by any ntroam0nl between 1110 e, 1 1 otper party, exeapl os provided in Saetlon 2 of Paragraph tl of this Agreement( and shall not be n1loCiod in any manner by omen dmonl or rancllion of the Trust returned to in Paragraph 2 herein or by reversion of the Trust Funds to the Employer. The i _ 1 provisions of this Parnpnph hal cupo:icdo and control any other provision of this Agreement which could be interpreted Io be in conflict therewith. :- , <- vu nmialranon of rends. The funds deposited in the Deferred Compensation Account shall be Invested end reinve:lod by 110 Rclir. tar.: i. Ger P= Bunn Irl Any manner which In Its solo discretion It deems desirable,. without regard at any time to any front limitation govomlor the Irvasl ..r of a:r_n funds. The Account $hail also reflect the gain orloss resulting from ilio Investment and reinvestment thereof. This T• - est Fund 'm, L_ i comm:ngied with others established by the TIe$ta under this form of agreement with other Employers.--` --I- A. -- A. 7 ymenl of Deterred Compensation. At such lime as the Employee roaches ape 60, or Inter, at the end of Ills emnlnveannt :roue f j : r 60 1.1 t In Ina gmpfpv of Iha l..Ip IP 4f p!pt Itr etlalnaCliff-. - - ", B Y i ,P.Qp nl Ira yetis pAGnmpe p9fm IPsylly p;;yintd, yf dt06, u � c JYFr u _ ,.c bogliwAft el I!i ifairNh !Id3t IISNIIll" NI Nilelif Wale o"11111 lit IdN@Ivg hflullie"( Ill Ilif1 Ill iNl!.9 LtPW�aAfdiidil A1:dliu.tt 9dt;la:...` I - I cn which one of the f^- .mg occurs. Paymenis occasioned by the Employee haviny raaehed IIIc age of 60 years, or later, of vu ; ti: and -+ - - ! 1 i me,o,or I aw cmenl, If EmPlov_G continues In Ilio employ of the Employer after he Mains the _age 21 Ck) roto, Or beeomsa Patmanonlly rI I or dlas.hnJ be made In ncaordanco with the provisions of Paragraph 0 he -oaf 03 lolioss: - _ ,.- - I - a Payment in O lMy, quarterly, soml-annual or annual payment s over. WO ndry t -m- .eaod of life axpennat the Employee in aeeorda.o •.!Ili t . tattooing procedure: - _., _ - - . !. U cn reachi.; the aro of Fla years, or late,. at the -end o1 bs emy -ae-1 np•enmem, if me Employee remains 1n the employ of the Hmpi - ,dor he attains the are of CO years,. or becomes permanently d.ss led f:sn gmilxt ra:f•blpe employment,' YlhlchOVOf first OCLUI'.. Cho - ErtPloy ao's Ilia capodanry shall be dolarmfned by reference to Standard O:Vc Mortality, Tialas; the amouals of asset and aceurnulafWas -n } the Gefmred Compensation ACccunl shall be Compbled 109elhat With a readGisbls fele Of return an said e11et1, leaf the amb:•at of aghSf[d - 7 - n I iy fist n 1 IWII I1v1 Ilio nxpacy of it... Empley.e; and a umnlldy un tan shall Ilrou.nIln01 h-I c.. q o I ....limit, ' mw M richIn 1 u,l mol Ibi, budnlInfants over the period of Wo uxpoclancy OI Ili. Employee, shall completely deplete Ills said Account al the i m t of 11 u 1351 year of Ilia expectancy: or - - f b, Payments in ...fill/, 11,11111, a, annual payments in ...Or anco with the following procedure: i -dates' the. Emplo100 s C.Dloy'moni Imminates prior to 1110 time he attains the ago at 60 years, amounts equal to the bumelits fuceivi,d by.he ' - .pioyo -mill rutiromenl annuity policies, chill be paid to the Employee. at such time as he attains the ago of 60 years or atw. the End 1 of his amployinmm aGreemmil, if !he Employee continues in the employ of the Employer allot he attains the ago of COyears: or, ;n filo case at 11f i - c 'Jh, t nymm a to fee bonuflelnry or beneficiaries, nomnta , or ..Into pusuaal to the procedures provided In sold policies and Paragraphs G and f 7 al tel /.proomonF, or - c. Payment, m monthly. y. 4mnnriy, some-....neon or ....nein Inslnihnanis over n period of exceeding ion (10). yen., said payments to include` a reasonable return on the hinds, assets tied nccunminO... In the Detailed Compensation Account, loss the amount of expected monthly, - f quarterly, sum!-rnnunt, or annual distribution, over the said ton (ID) year period; or d Ono lump sum Payment. L SzIaetien at !.:allied of Payment The method of paymonl shall be selected by the Employer, acting through Iho Retirement Corpara on as its. u IY authorized ngenl, duo consideration being given to the health, financial circumstances and family obligations of the Employee. In this leuard, 1114 Employee may be consulted: however, he shall have no voice in the decision reached. - I i .. 7. Payments In IM10 Event of Death.- a. During Iho Period of Distribution. In Ilia Oveal of Ilia Employee's dealt, during the period of distribution, the Employoe's borralielary cbail be un1i11oJ to receive payments in nerortlanen wJh the payment method being employee at the time of the Employeo'c death. viii -h, , ! Cannon: of the Employer, acting througn theRetirementCorporation ns Its duly authorized agent. said beneficiary may elect:arecolxe a' I IuaP'sum i0 If., of Installment payments. - i b. Prior to Disvivulion. In the oven( of the death of the Employee prior to the distribution. the funds and assets of the Deferred Cemparsaion i - Account shall be paid In accotdancu with oro of the methods describedin subparagraphs n, b, C, or d of-Paragraph 5 haroot. The salecuon_ t Of said method -hall be made by the Employor acting through filo Instrument Corporation, as Its duly authorized daunt. i p rymcal Dates. Payments shall commence on the first day of the month, following the attainment Of ago 60, or later, on the limt day at lao I manta .allot the and of his employment pgraement. if Employee continuos in :he employ of the Employer allot he attainstheago of 60-yams, or - Di.0 - so following permanent disability, or death: and in the ease of Installment payments, shall be madecontinuously theraator on !he lira day of , succeeding month, a,. in the event quenarly, semiannual or annual _ rlyyment, u1c.) installment u tilsuch Periods time applied. til, than continuously iharaa her on tato I lint day of each irely- edinp month which begins the time paned (quarterly, uleJ involved until such Ilea. as the Dalurrue Compensation /rccoant is 1 -d,. p:Olad In its onlitoty I l ' 5 Disbursing Agent. Thu Reliranont Corpomimn shall act as agent of Ilia Employer for purposes of disbursing payments. The ultimate eb:IGatlaa t _ for W-1-11-1 sucl pay niq hew ver shall ...In w,th Iho Employer. to Accumulation During the Distribution Period. During Ilia period of distribution, the Employ.. .1 his beneficiary or belgalf s :.ominu, or , co . ,he ease rally be. shall Conlinuu to be credited will, all the interest. accumulation. and Increments on the undistributed I. ads and i in Iflu CLfurtod Con Pcas:dean Account, until such Account is depletud in Its entirely.. - - 1 11. Suction tTermination of Employment. UP.rI termination of. the Employeo's saavieus, for any reason other than death. the funds. aa,uts, and f ac um.trf ons I+ the Deferred Componsalion Account shall not be transferred to an aceounl with a now Employer of has Employee. and. in tuaJ, l / nail remain in the ori Oinal Account n. assets of the Employor-unfit such time as they Oro distributed In accordance Wim the proviZoas ur , Ihu Agreement, except an provided in Section 2 of this Paragraph. ! -- Section 2. Transfer of Employment with. Consideration Between EmplOYma—Tripmlifo Agreement. in fino event the FnrPlayao ateopie employment with another' EsePloy.r having a Trust Agreement with the Retirement Cope nor. d o I G-_* .f; a Componsntion Employment Agwamunt with the said Employee, Ilion, it Ilia Employer finds that It has no present or u:uro onea of jrwr,". l., .,no accma lndons inthesaid Account for Ili. Pnymenl of general creditors of for say other purpose, and has he .:. o el ili..o r u;, ta. revoke thin Trust for :he payment of its general :creditors or for any other purpose whatsoever, in'eonador.lmn of its desire to pv .:ho r:: ;ns nP expense of maintaining records, and receiving, examining, verifying and filing annual reports of !he Rutirement Cor orale.;. ,a n Car 'J ration avoiding voiding the possible future. expenses of litigation of Employeo's continuing contractual rights to payment of _deferral Comp I on .as .hatrtmant ..m herein provided 1. the avan: of any Possible future revocation and withdrawal_ by. Iao'Empioyor of 110 fund.:.ua+, t ace mil -rhon. in the said Account, it may, n1 its discretion, authorize the Retirement Corporation, as Its c.gent, to propose to Ihu new h pi Ill. I.naj. ailads. led accumulation. of the said Account -be transferred to the ownership control, and right Of wllhdnvaof the flaw E - - ta . o a in Ir h v 111 as. Employor. in consideration of Ilia mer n o 11 the value to Ihn t Employer of Employe,. lunru c ry c by 1 t i:--$alh 1. I ley u U had ...'fill m Ihu unq.luy .r It ens, E e"Ititeq. all.all'a.s I hctmi slim.,. and Ill - eel r.ttt 1 h i 1 y ii, ,,n nt1 , pm•nelt. term of Agroomenl in which Ilia now Employer else agrees Io-Issuma the continuing eontractu.,l III bit try lu ,,,Ir cu; a axion so Iranslonetl upon rellwmmnl of the Employee and 111. Employee releases the past Employer from said continuing oblhg:die:.:o Lo - Zama. i 12 Lesion. The Employer shell not be responsible for any loss duo to Investment or failure of investment of funds and assets in Za:,f Cmn,.om. alioi, Account nor shalt the Employ., be required to replica any less whatsoever which may result from said Invo.tmenh.. I 1 ' n •.. .. _ _r .tui.. ..r li-1 • .. t I .........-dean .Ili:• r'..f l.q Fn lu. ld-i n1..11gi•. r h( 1 I � 1111 11 _ _-..) • •..:•.�.i .. i.....-., ! ,..... rl ,_. li_il ..ii i. ,li 1... .... ....itIII ........ • 1. - ' 1 .1 1 r, i 1 „m I t feu 11 bile Lu'o. W n:i... a hddiva, oi Ii) I..1 u i it bu u u I.rduad that the ri Gflt% Orad udmuula of fall Ern h, uo to any .,neat.. ee.bollafhl of as a pea •, ,, _ -- P Y / y pe flu J .r pun t t nr,a I. such plias rupedn wit shall continua all full tome unit .Ilial unimpaired, and the Employee shall have the ..gill OY any boo h.4c.. Dacmrp. ,. Uuretielnry under of pursunnl to any and all such pions. ' iL. Defimhmm. The meaning of nay form or forms, phrase, clause orsentence used in fills Agreement, which Is also used in t1. DPL wa E: ;:ie I Tc.i: n til Carporaon, ch.dl be defined as those are dofinod in ARTICLE 11, Section of Ilio Dy-Laws. Masculine pronoun., whunuvar hci, do the fe er-nn pronouns, and he singular Includes the plural unless the eamu+l requires another moaning. 11. V dm. .1 tyu mens. 7110 Ao-emnent shall not be valid or enforceable mita5 efgnad by an officer of Employer, uu horizcd to .i3., II ...v - r -. ion nla-, body of far Errpe or. as, for example, Ilia City Ceuncil. ma. 1 ITGESS WHERCOF, _y the authority of Ilia governing body of the Employer, the Agreement has boun executed an Ilio data first wruun able a. , i slm,ct City of Io:'�a City, Iowa_ 1) c 7 _ EpMPLOYCfI • ATr Jn..cD OFFICIAL City. C'1 r1C C• Brandt, Mayor J _ — _ C /POST iIOh (SEAL) DY_ j Ray S. [yells, City :4anager j I-EMPLOYEE nPPFJ /. �5 -O FORM I i.. nfTC ..c! i4' 711E EIAPIDYEfl i - It ;f, Pr ll;;F 1.1; :IT CORV01idT1atf - 1 n, E74PLO VE s- I a EG7PLOYEE —"" INFORMATION I ;=ORrn .I 'I ,l I, f I i EMPLOYER: i iI Please complete the following blanks: i O Cit of Iowa Cit Iowa I -Full Name (City of, Count/ of, etc.):. Y_ Y�r -- - _- Finance Director Title of Official to whom torte^ ondence and reports are to be mailod• (not name) { Civic - Center, Iowa City, Iowa 52240 I Address: (include zip code) j Employer's Federal Tax Identification Number: 42-6004$05 EMPLOYEE: -. - ( 1 Please complete the following blanks: - Rays. Wells f• ?.:"moasiiappearsonagreements:- Current Address (include zip code) 2315 PrincetonRoad Iowa City, Iowa 52240 —_ • - - Date of Birth: Month March ; Day 1 Year 1934 i Social Secur%y Number. 513 30 2129 International City To which of the organizations sponsoring this plan do you belong? I i - Management Association DESIGNATION OF. BENEFICIARY (Complete this o t - _- ( portion only you have not .previously designated a beneficiary w. an . e entering the pi;m with a prev:•+us employer or it you wish to change beneficiaries).. g - ' To whom shall the deferred compensation funds, assets and accumulations in -the ICMA-RC account be payable in caro - i of your death? in the statement below, give: first name, middle initial and last name: Example: Mary A. Smith (not Mrs. John Smith). For your children you may simply use the term "my,: children". and leave the share column blank his i tom -Shall provide equal treatment amongyour children—present and future --born ol.any:-and all marriages and nny - children legally adoptad at any time. In the event you choose to leave the deferred componsation. funds, assets and i -. accumulations, to a charily or institution, specify. its complete legal name and address. - - - 1. the undersigned, being a --participant in the ICMA-RC Deferred Compensation Planandthus having the sole tight :o dosignato, chango, and successively change the poison, persons; or Institutions designated as beneficiary or belie- -any - ficiarlcs, do -hereby- direct -that. and all deferred compensation funds,' assets, and accumulations held for my - relimmanl benefit by the ICMA Retirement Corporation (or any successor- thereto) :as Trustee for all of -my past, present. and future participating Employers, be payable as follows if Jiving. at the time of my death: ... NAME ADDRESS SIIAnE • (Planso type or Print) - _--- - - -: - adine��1 s -313rinceton�2oa"- Ic ; 01 wa Ci y, Iowa - - - - - In :he event of the death of my beneficiary or beneficiaries prior to the date of . the distribution of the cieft..:.l compensation funds, assets and accumulations by the employer,_.thon- to the following person;. portions,. or institutions II hi rg at the time of my death: --- - HAIAE ADDRESS or print) _ _ (To no used for special provisions the Employee may choose to include). - inadditionto any conditions stated. above. I direct the following (please print or type) I _ z t under nndtnv it the benefits aro paid tometinder ar♦ option requiring the. purchase of an annuity for myDenoi., !• tint nr de :gnalion or'redesignation of a bcnaliclary 'qr benoIfdl8f)os p}oyy have to' bo re oatad al that ilmo. Ir• ; it N rGlh 6.y fdgr�lli(til{I6nf� Ql ih �nl?uilf;/ ? tun?tor uii(Igr�ir)flr! !het ?HU 1Qy'I tltllf)iJ I�dgl�i1811P11 Nl a t gfivn I^+ b_„ehclat:os fdad,wlfh ICMA-RC as Trustee for any par.?cipeting employer, -aha+i, in'the event of my death prwr to - �•' felt ristributIon to me alter my retirement, control the actions of ICMA-RC,- as Trustee In the distribution of th" +j de cried compensation funds, assets and accumulations in the rZA-RC Account or Accounts. . 1-1-74 i! -� Sip ed Dat. r i Lip", , �yy jj`��//�////�5/GAJ ///y� • CIVIC CENTER 10 WASHINGTON ST. IOWA CITY. IOWA 52240 319 354-1600 December 19,'1973 The .Honorable Mayor Brandt and City Council Members Civic Center Iowa;City, Iowa 52240 Dear'Council Members: In July 1972 Councilman Czarnecki submitted to the Council a Tenant-Landlord.Ordinance for consideration and adoption. This was referred,,Jn August 1972 to the Housing Commission for 'study and recommendations. The Housing Commission did just that. Special meetings were held, discussions with interested parties took place and a public Meeting was conducted. In April 1973the Commission sent their recommendations to the Council.' Specifically they were: 1.) that the Ordinance not be. adopted in :its present form, 2.) that enforcement of existing codes be strengthened, 3.)`urged the City to establish safeguards for tenants in buildings that have code violations that will cause these deficiencies, to be corrected without, tenant harassment and eviction and 4.) that the City develop safeguards for the damage deposit for both tenant and landlords. ' II( On July 10, 1973, the Housing Commission met with the Council to discuss previous submissions, As a -result of this meeting the Council asked the Commission to make "a recommendation concerning the 'need for an ordinance and provide', supporting evidence." During the 'ensuing ,four months the Commission devoted much time and effort collecting' information from various groups that would be affected by such an ordinance, from the City staff, the local Bar Association, other cities similar in make up to Iowa City, local bankers and the City's legal staff. Our report was submitted on November 6, 1973, and was fully documented. Based on the information gathered the Commission concluded that there was no basis or need for a specific ordinance governing landlord -tenant relations. During the; study we found -a need for specific improvements and d made recommen- dations which could alleviate problems in those areas. t. Council Members December 19, 1973 Page",,Two At the informal meeting of the Housing Commission and the City Council on November 20, 1973, it was evident that some members of the Council flatly rejected the conclusions and recommendations made by the Housing Commission. In fact, Councilman Czarnecki stated he was going to clean up the original ordinance and resubmit it to the Council. White and DeProsge indicated they would be interested in looking at a new or rewritten version. The Housing Com- mission then questions its usefulness and really wonders what its function is and, if in fact, is there a need for a Housing Commission. The relationship between Counciland Housing Commission is, at this point of time, in doubt. With other Commissions, such as Planning and Zoning, to over -rule or reverse a recommendation often requires a 4/5 voteby the Council-: Should not this policy also apply to the:Housing Commission? In view of the action taken by the Council in,regard, to the Housing Commission's recommendation on the "need" for such an 'ordinance the Housing Commission,can only assume Councilman Czarnecki has information or evidence which supports his'position that there is a` -need. If this is true then why wase this information,not provided to the Housing Commission during their studyofthe problem? In short, the,Commission feels they have been stripped of any usefulness they may have served in the past. In closing the Commission as a whole would ask from the Council, a precise,and detailed statement which would out-. line their functions and responsibilities so that we may better perform our assigned tasks. Respectfully submitted, /Jack B. White Mildred Bosserman Helm Hamer Fredine Branson Don -D ncAn Tom Mikelson I (Resigned) 7' Clem Frim"ml CIVIC CENTER. 410 E WASHINGTON ST. IOWA CITY. IOWA 52240 319-354-1600 RAY S WELLS. CITY MANAGER MAYOR C.L."im'BRANDY CODNCRMEN .. ROBERTCONNELL - EOGAR CZARNECNI '. LDRCN December 19, 1973 ICN WHITE W J PATRICK TE Honorable Mayor and City Council Civic Center Iowa City, Iowa 52240 Dear Gentlemen and Mrs. DeProsse: I would like to thank you for the plaque that was presented to me by Mayor Brandt at the meeting on December;l8., I could,not be as elo- quent as Mr. Hickerson with this type of situation, so I will refrain from',such a speech, and hope'this'lettei will suffice to indicate my appreciation to the Council. I would like to use this letter as'a formal thank you to all of the councilmen and councilwomen that I have worked with since I h thaave worked for the City of Iowa City, and also to nk all of the employees of the City of Iowa City for the excellent help that they have given me during the time Ihave been City Attorney. If I have made any contribution to the City of Iowa City during my tenure, it has been .because 'I have had excellent help and excellent cooperation from dedicated and able City employees over the past years. Although, of course, many of the members of ,previous councils are not here to receive this letter, I would also like to thank all of the councilmen and councilwomen over the -years who have expressed enough confidence in me to continue to employ me as City Attorney since my first appointment in July of 1963. Very truly yours, y I' Jay - Honohan ✓Ci Y -Attorney JHH:sb [.Sjt